Feb 04, 2025 Board of Directors Meeting

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ALL RIGHT. GOOD MORNING AND WELCOME TO THIS SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE EAST BAY REGIONAL PARK DISTRICT ON FEBRUARY 4, 2025, BEGINNING AT 10:43. WILL THE CLERK PLEASE CALL THE ROLL?

[ROLL CALL]

DIRECTOR WAESPI. HERE. DIRECTOR ESPAÑA. HERE.

DIRECTOR DESCHAMBAULT. HERE. PRESIDENT MERCURIO.

HERE. GENERAL MANAGER LANDRETH. HERE. AND GENERAL COUNSEL BOURGAULT.

HERE. THANK YOU. ALL RIGHT. NEXT IS PUBLIC COMMENTS.

[PUBLIC COMMENT]

PRESIDENT MERCURIO. OKAY. VERY GOOD. THEN, SINCE THERE ARE NO QUESTIONS, WE WILL BEGIN OUR MEETING.

THE SUBSTANCE OF THE MEETING. THE ITEM BEFORE US IS OVERVIEW AND TRAINING ON THE RALPH

[BUSINESS BEFORE THE BOARD]

WELL THANK YOU MAYOR. BECAUSE THIS IS A SPECIAL MEETING.

IT IS A SPECIAL MEETING FOR A SPECIAL TOPIC. THERE WE GO.

THE BROWN ACT . HOW FUN. SO LET ME INTRODUCE MYSELF.

I AM MICHELLE MARCHETTA KENYON, AND I AM WITH BURKE, WILLIAMS & SORENSON LLP AND MYSELF, ALONG WITH DENISE BAZZANO ARE HERE TO MAKE THIS PRESENTATION TO YOU. AND IT'S GOING TO BE A VERY INTERACTIVE PROCESS.

FIRST A LITTLE BIT ABOUT MYSELF AND THEN I'LL LET DENISE, YOU KNOW, SAY A FEW THINGS ABOUT HERSELF.

I HAVE BEEN A CITY ATTORNEY IN MUNICIPAL LAW FOR, LET'S JUST SAY, DECADES.

I WORKED WITH JILL MERCURIO IN MORAGA. I'VE ALSO WORKED WITH FORMER COUNCIL MEMBER LYNDA DESCHAMBAULT IN MORAGA. I AM CURRENTLY THE CITY ATTORNEY FOR FIVE CITIES IN THE BAY AREA ROHNERT PARK, CALISTOGA, PIEDMONT, PACIFICA, AND MORAGA. SO I HAVE A LOT OF EXPERIENCE WITH THE BROWN ACT, AS DOES DENISE.

AND WE ARE GOING TO, YOU KNOW, ENGAGE WITH YOU ALL TO ANSWER YOUR QUESTIONS AND GIVE YOU SORT OF A BACKGROUND ON THE BROWN ACT.

DENISE, CAN YOU INTRODUCE YOURSELF AND GIVE US A LITTLE BIT ABOUT YOUR BACKGROUND? GOOD MORNING EVERYONE.

MY NAME IS DENISE BAZZANO AND I'M A PARTNER WITH BURKE, WILLIAMS & SORENSON LLP.

I PROVIDE ASSISTANT CITY ATTORNEY SERVICES TO ABOUT FOUR CITIES IN THE BAY AREA.

I TRAVEL ALL OVER TO PROVIDE GENERAL ADVISORY SERVICES TO CITIES, PLANNING COMMISSIONS AND OTHER SPECIAL BOARDS OF CITIES.

I'M EXCITED THIS MORNING TO TALK TO YOU ABOUT SOMETHING THAT WE DEAL WITH ON A DAILY BASIS, THE BROWN ACT. IT COMES UP QUITE FREQUENTLY, EITHER AT MEETINGS OR BEFORE MEETINGS, TO ENSURE COMPLIANCE WITH THE STATE'S TRANSPARENCY LAWS. SO I'M JUST REALLY HAPPY TO BE HERE TO HELP MICHELLE THROUGH THE PRESENTATION.

THANK YOU. SO WHERE DO WE START? WELL, LET'S START WITH WHAT ARE THE GOALS OF OUR MEETING TODAY.

AND FIRST WE'RE GOING TO, YOU KNOW, TALK ABOUT THE LAWS RIGHT, THE BROWN ACT.

NOW YOU ALL HAVE HEARD ABOUT THE BROWN ACT. I'M SURE YOU'RE FAMILIAR WITH THE BROWN ACT.

THAT IS NOT THE MAIN PURPOSE OF THE PRESENTATION.

CERTAINLY WE'RE GOING TO TALK ABOUT THE LAW, BUT REALLY, WE'RE HERE TO HELP YOU UNDERSTAND HOW IS IT APPLIED ON YOUR EVERYDAY INTERACTIONS IN GOVERNMENT SERVICE? HOW DOES IT WORK DURING MEETINGS? HOW DOES IT WORK WHEN YOU'RE NOT IN MEETINGS? WHAT IS A MEETING? AND THEN FINALLY WE'RE GOING TO TALK ABOUT HOW CAN YOU USE THE BROWN ACT IN ACTUALLY RUNNING MORE EFFICIENT MEETINGS OR EFFICIENT MEETINGS? THIS IS A TRANSPARENT SORT OF WAY THAT THE STATE HAS APPROACHED LOCAL GOVERNMENT. NOW, IT'S INTERESTING THE BROWN ACT IS A STATE INITIATED GOVERNMENT POLICY. IT'S STATE INITIATED BECAUSE THEY BELIEVE THAT THE PRIMARY GOAL FOR LOCAL GOVERNMENT IS TRANSPARENCY, THAT ALL BUSINESS SHOULD BE DISCUSSED, DELIBERATED ON AND ACTION TAKEN IN THE OPEN.

THAT'S THE BASIC PREMISE OF THE BROWN ACT. AND ESSENTIALLY, IT REQUIRES THAT ALL MEETINGS OF A LEGISLATIVE BODY BE OPEN AND OPEN TO THE PUBLIC AND ALL PERSONS MUST BE ABLE TO ATTEND. NOW IN TERMS OF MEETINGS, THERE'S A BASIC RULE THAT WHAT IS

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AND YOU WILL SEE THIS BY, YOU KNOW, CLEARLY THESE FORMAL BOARD MEETINGS.

CLEARLY BROWN ACT BODIES, LEGISLATIVE BODY, THE BOARD.

WHAT ABOUT YOUR STANDING COMMITTEES? STANDING COMMITTEES APPOINTED BY THE BOARD THAT MEET ON A REGULAR BASIS ARE BROWN ACT LEGISLATIVE BODIES AND MUST COMPLY WITH THE BROWN ACT AS WELL.

NOW DIFFERENCE BETWEEN STANDING COMMITTEES AND ADVISORY COMMITTEES.

ADVISORY COMMITTEES, WHICH ARE GENERALLY AD HOC AND THEY ARE MADE UP OF, YOU KNOW, 1 OR 2 MEMBERS, YOU KNOW, TWO OR MORE MEMBERS OF LESS THAN A QUORUM OF THE BOARD TO WORK ON ANY PARTICULAR SPECIFIC ISSUE, BUT FOR A SHORT PERIOD OF TIME, AND GENERALLY WE ADVISE NO MORE THAN, YOU KNOW, 12 MONTHS.

BUT THOSE ARE THE DIFFERENT TYPES OF BODIES THAT CAN BE A MEETING.

NOW, WHAT IS A MEETING? A MEETING IS ANY KIND OF GATHERING OF A MAJORITY OF THE MEMBERS OF A BODY, WHETHER IT BE THE FULL BODY OR WHETHER IT BE A STANDING COMMITTEE, ANY OTHER LEGISLATIVE BODY THAT THE BOARD HAS CREATED.

AND IT'S NOT JUST TO TAKE ACTION. IT'S ALSO INVOLVING WHETHER YOU'RE DISCUSSING OR DELIBERATING WITH ANOTHER COUNCIL MEMBER , I MEAN, BOARD MEMBER , ON A PARTICULAR ITEM THAT WILL BE IN FRONT OF THE BOARD AT SOME FUTURE POINT. SO THAT'S A GENERAL INTRODUCTION. I'M GOING TO LEAVE IT TO DENISE TO TAKE OVER THE NEXT PORTION. AND WHAT I WOULD SAY IS, AS I WAS SAYING EARLIER, THIS IS AN INTERACTIVE PROCESS.

SO THERE WILL BE OPPORTUNITIES FOR YOU TO ASK QUESTIONS.

WE WILL HAVE CERTAIN, YOU KNOW, SORT OF BREAKS IN THE PRESENTATION WHERE WE WILL HAVE HYPOTHETICALS OR CASE STUDIES.

THAT WOULD BE AN EXCELLENT TIME FOR YOU TO ASK QUESTIONS ON ANY OF THE TOPICS THAT YOU'VE HEARD TO DATE.

AND THEN, YOU KNOW, WE CAN WORK WITH THEM. BUT WE REALLY WANT YOU TO FEEL COMFORTABLE AND ENGAGE WITH US IN TERMS OF ASKING YOUR QUESTIONS SO THAT WE CAN ANSWER YOUR HYPOTHETICALS. ALL RIGHT. THANKS, MICHELLE.

SO WE'RE GOING TO BE TALKING ABOUT THE DIFFERENT TYPES OF MEETINGS AND PUBLIC PARTICIPATION IN MEETINGS.

SO THERE ARE DIFFERENT TYPES OF MEETINGS UNDER THE BROWN ACT.

THE BROWN ACT CONTEMPLATES REGULAR MEETINGS WHICH REQUIRE AT LEAST UP TO 72 HOUR NOTICE PRIOR TO THE MEETING BEING CONDUCTED. REGULAR MEETINGS ARE MEETINGS THAT ARE SET BY A SCHEDULE THAT THE BOARD OR A LEGISLATIVE BODY HAS CREATED. SO IF THERE'S A SET MEETING SCHEDULE, THE LEGISLATIVE BODY WOULD ADHERE TO THAT SET SCHEDULE, AND THAT WOULD BE CALLED A REGULAR MEETING. THE BROWN ACT ALSO CONTEMPLATES SPECIAL MEETINGS, AND THIS REQUIRES UP TO 24 HOURS NOTICE PRIOR TO THE MEETING BEING CONDUCTED.

SPECIAL MEETINGS ARE GENERALLY HELD FOR SPECIFIC, UNUSUAL ITEMS THAT ARE NOT NECESSARILY APPROPRIATE FOR THE REGULAR MEETINGS, OR MAY NEED TO BE DISCUSSED PRIOR TO THE NEXT REGULARLY SCHEDULED MEETING.

SPECIAL MEETINGS CAN INCLUDE THINGS LIKE SITE VISITS OR CLOSED SESSIONS.

THOSE TYPES OF MEETINGS ARE USUALLY SET FOR A SPECIAL MEETING.

YOU CAN ALSO COMBINE THE MEETINGS SO YOU COULD HAVE A REGULAR AND A SPECIAL MEETING ON ONE AGENDA.

THE BROWN ACT ALSO CONTEMPLATES EMERGENCY MEETINGS.

AN EMERGENCY IS NARROWLY DISCUSSED OR DEFINED IN THE BROWN ACT.

THERE ARE REGULAR EMERGENCIES WHICH ARE WORK STOPPAGES, CRIPPLING CONDITIONS, ACTIVITIES OR ACTIVITIES THAT SEVERELY IMPAIR PUBLIC HEALTH, SAFETY, OR BOTH.

AND IT HAS TO BE DETERMINED BY A MAJORITY OF THE BODY.

SO THE EMERGENCY THE BOARD COULD MEET IN AN EMERGENCY SESSION TO DETERMINE DO WE HAVE AN EMERGENCY? THERE'S ALSO DIRE EMERGENCIES. AND DIRE EMERGENCIES ARE CRIPPLING DISASTERS, TERRORIST ACTIVITY, THAT TYPE OF THING THAT JUST ABSOLUTELY CRIPPLES THE CONDUCT OF THE LOCAL GOVERNMENT AGENCY.

SO AN EMERGENCY MEETINGS CAN BE SCHEDULED WITH AS LITTLE AS ONE HOUR NOTICE TO THE MEDIA, DEPENDING ON WHETHER IT'S A REGULAR EMERGENCY OR A DIRE EMERGENCY. MEETINGS ARE GENERALLY HELD WITHIN THE GEOGRAPHIC BOUNDARIES OF THE GOVERNMENT AGENCY, AND MEETINGS CAN ALSO BE ADJOURNED OR CONTINUED.

SO YOU COULD HAVE A REGULAR MEETING AND YOU CAN ADJOURN IT TO ANOTHER REGULAR MEETING, OR VICE VERSA WITH SPECIAL MEETINGS.

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SO OUTSIDE OF THE BOARD OFFICES OR SOMEWHERE WHERE THE PUBLIC CAN ACCESS THAT AGENDA PHYSICALLY.

THE AGENDA CAN ALSO BE POSTED ONLINE IF THE AGENCY HAS A WEBSITE.

JUST A PRACTICALLY SPEAKING UNDER EMERGENCY MEETING THERE WITH AS LITTLE AS ONE HOUR NOTICE TO MEDIA, I'M KIND OF SPINNING AROUND. HOW DO YOU DO THAT? HOW DOES THAT ACTUALLY HAPPEN? RIGHT. SO LET'S SAY YOU HAVE A REGULAR EMERGENCY WHERE THERE'S SOME SORT OF INCIDENT THAT IMPAIRS PUBLIC HEALTH, SAFETY OR BOTH.

RIGHT. WHAT YOU WOULD DO UNDER THE BROWN ACT IS YOU WOULD REACH OUT TO LOCAL NEWS MEDIA AGENCIES THAT HAVE GIVEN NOTICE THAT THEY WANT TO BE ADVISED OF ANY MEETING OF THE AGENCY, AND YOU CAN INFORM THEM, HEY, WITHIN TWO HOURS, WE'RE GOING TO SET A SPECIAL MEETING TO DETERMINE IF WE HAVE AN EMERGENCY AND CONDUCT WHATEVER ACTIONS WE NEED UNDER THIS EMERGENCY THAT'S IN PLACE RIGHT NOW.

OKAY, THANKS. YEAH. WITH A DIRE EMERGENCY, IT CAN BE LESS THAN ONE HOUR.

IT CAN JUST BE. OH, I SEE ANOTHER QUESTION. ANOTHER QUESTION.

SO THERE IS ALSO A PROVISION IN THE BROWN ACT FOR WHAT ARE CALLED URGENCY [INAUDIBLE] SESSIONS. HOW IS THAT DISTINCT FROM EMERGENCY? YES. THOSE ARE I'M TRYING TO REMEMBER. RIGHT.

SO THOSE ARE DIFFERENT. SO YOU'RE TALKING ABOUT TAKING AN URGENT ACTION ON AN ITEM THAT WASN'T POSTED ON THE AGENDA? RIGHT. SO THAT'S DIFFERENT THAN THIS. SO AN URGENT ACTION THAT'S REQUIRED BY THE BOARD ON AN ITEM THAT WASN'T POSTED ON THE AGENDA.

THAT CAN BE THAT IS A PROVISION IN THE BROWN ACT THAT ALLOWS A LEGISLATIVE BODY TO TAKE ACTION IF THREE QUARTERS OF A SUPERMAJORITY OF THE GOVERNING BODY DECIDES THAT THEY HAVE TO TAKE ACTION ON AN ITEM THAT WASN'T ON THE AGENDA, AND THEY DIDN'T KNOW ABOUT THAT ITEM PRIOR TO POSTING THE AGENDA.

SO THOSE ARE BOTH THAT'S A VERY RARE OCCURRENCE.

AND NORMALLY WHAT WE WOULD SAY IS IT'S VERY DIFFICULT TO KNOW FOR CERTAIN THAT YOU DIDN'T HAVE THAT INFORMATION BEFORE THE AGENDA WAS POSTED, BECAUSE USUALLY STAFF HAS SOME IDEA OF A DEADLINE THAT'S COMING UP.

AND SO WE WOULD SAY IF IT CAN WAIT, PUT IT ON A REGULAR AGENDA OR A SPECIAL AGENDA ITEM TO AVOID ANY QUESTION OF WHETHER OR NOT IT WAS REQUIRED URGENT ACTION.

SO THE 4/5 VOTE REQUIREMENT, IS THERE ANY TYPE OF FINDINGS THAT NEED TO GO ALONG WITH THAT? YES. YEAH. I'M SORRY. THAT'S OKAY. GO AHEAD. SO THERE'S TWO FINDINGS.

AND THE FIRST IS THAT THERE'S A NEED TO TAKE ACTION BEFORE THE NEXT REGULARLY SCHEDULED MEETING.

AND THEN THE SECOND FINDING IS THAT THE NEED TO TAKE ACTION WAS NOT MADE AWARE TO STAFF OR THE BOARD PRIOR TO THE POSTING OF THE AGENDA. NOW WHERE YOU WILL NORMALLY SEE THIS, AND WHERE I'VE SEEN IT A LOT, IS A LOT OF TIMES THERE'S A LAST MINUTE GRANT THAT A LOCAL AGENCY IS TRYING TO PURSUE.

STAFF JUST FINDS OUT ABOUT IT. THE FILING PERIOD FOR THAT GRANT IS DUE IN BETWEEN THE CURRENT MEETING AND THE NEXT REGULARLY SCHEDULED MEETING. STAFF WANTS TO GET IT ON THIS MEETING TONIGHT, AND I GET ASKED THIS QUESTION A LOT.

I WANT THIS ON THE MEETING TONIGHT. CAN WE DO THAT? WERE YOU AWARE OF IT BEFORE THE POSTING? NO. AND THEY SHOW EVIDENCE OF THAT.

IS THERE A NEED TO TAKE ACTION? WHAT'S THE EVIDENCE OF THAT? AND THEN USUALLY WHAT HAPPENS, EITHER THE GENERAL COUNSEL OR THE STAFF PERSON WILL PREPARE THOSE FINDINGS FOR THE BOARD, AND IT WILL BE PREPARED PRIOR TO THE MEETING.

THIS IS USUALLY DONE BEFORE IT REACHES THE BOARD.

AND USUALLY WHAT HAPPENS IS STAFF HAS WORKED TOGETHER WITH THE GENERAL COUNSEL AND STAFF TO COME UP WITH THOSE FINDINGS AND USUALLY TALKS TO THE BOARD PRESIDENT .

AND THEN IT'S MADE AWARE BY THE BOARD AT THE MEETING.

SO IF WE FOUND OUT LAST NIGHT BEFORE THIS MEETING OF POTENTIAL LITIGATION INVOLVING THE DISTRICT AND WE AS A BOARD THINK WE NEED TO HIRE COUNSEL RIGHT AWAY, THAT WOULD BE AN URGENCY ITEM.

WE COULD MAKE THOSE FINDINGS. I DON'T KNOW THAT THAT WOULD BE AN URGENCY ITEM BECAUSE WE NEED TO FIGURE OUT,

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SO YOU WOULD ONLY NEED 24 HOURS NOTICE TO SCHEDULE A SPECIAL CLOSED SESSION.

AND THAT'S WHAT I USUALLY RECOMMEND IS JUST DO A SPECIAL MEETING NOTICE, AS OPPOSED TO TRYING TO ADD CLOSED SESSION ITEMS AT THE LAST MINUTE DURING A MEETING, BECAUSE THE NEED FOR THAT URGENT ITEM TO BE ADDED TO THE AGENDA IS SOMEWHAT HARDER TO PROVE FOR CLOSED SESSIONS, ESPECIALLY FOR LITIGATION. BECAUSE, AS YOU KNOW, A LOT OF TIMES WITH LITIGATION, WE DON'T LIST WHAT SPECIFICALLY THE MATTER IS, IF IT'S SIGNIFICANT EXPOSURE TO LITIGATION, AND WE DON'T WANT THE POTENTIAL PLAINTIFF OR CLAIMANT TO KNOW THAT THAT POTENTIAL LITIGATION EXISTS.

OKAY. THAT'S HELPFUL. YEAH. AND WE'RE THIS WE HAD ENVISIONED MICHELLE AND I SORT OF JUMPING IN WHEN WE HAD INPUT.

SO THIS IS PERFECT. SO MICHELLE WILL JUST CONTINUE TO JUMP IN AND I'LL JUMP IN ON HER PART WHEN WE HAVE THINGS TO ADD.

BUT THAT'S SO THAT'S AN URGENT ACTION ON A REGULAR OR SPECIAL AGENDA.

BUT WE'RE TALKING ABOUT THE TYPES OF MEETINGS.

SO IT CAN BE A REGULAR MEETING, A SPECIAL MEETING OR AN EMERGENCY MEETING.

OKAY. THAT'S SORT OF THE DISTINCTION. OKAY.

OH, SORRY. IT'S NOT ADVANCING.

PERFECT. THANK YOU. ALL RIGHT, SO THE BROWN ACT REGULATES HOW THE MEETING IS AGENDIZED.

IT ALSO REGULATES PUBLIC PARTICIPATION IN THE MEETING.

AND IT DOES PROVIDE PLENTY OF OPPORTUNITIES FOR THE PUBLIC TO ADDRESS THE LEGISLATIVE BODY DURING A MEETING.

REGULAR MEETING AGENDAS MUST PROVIDE AN OPPORTUNITY FOR GENERAL PUBLIC COMMENT.

DIFFERENT FROM REGULAR MEETINGS, SPECIAL MEETINGS ONLY REQUIRE THAT THE PUBLIC COMMENT BE TAKEN ON SPECIFIC ITEMS ON THE AGENDA.

SO THIS WAS A SPECIAL MEETING AND SO SOMEBODY THAT CAME TO PROVIDE PUBLIC COMMENT TODAY WOULD BE REQUIRED TO PROVIDE PUBLIC COMMENT ON THE ONLY THE ITEM THAT IS BEING DISCUSSED AT THAT SPECIAL MEETING. THE LEGISLATIVE BODY CAN ADOPT REASONABLE REGULATIONS TO LIMIT TIME FOR PUBLIC COMMENTS. AND WE'VE LOOKED AT THE BOARD OPERATING GUIDELINES TO PREPARE FOR TODAY'S MEETING.

AND IT NOTES IN YOUR GUIDELINES THAT GENERALLY, PUBLIC COMMENTS WILL BE LIMITED TO NO MORE THAN THREE MINUTES.

ADDITIONALLY, THE BROWN ACT REQUIRES THAT ANYONE ATTENDING THE MEETING CAN'T BE SUBJECT TO CONDITIONS OF PARTICIPATION, SO YOU CAN'T REQUIRE SOMEBODY THAT WANTS TO PARTICIPATE IN THE MEETING TO SIGN IN OR PROVIDE THEIR NAME OR ADDRESS.

THEY CAN PARTICIPATE FREELY IN THE MEETING WITHOUT HAVING TO WORRY ABOUT ANY CONDITIONS ON ATTENDANCE.

THE PUBLIC COMMENT PERIOD CAN ALSO BE DOUBLED FOR THOSE PEOPLE WHO NEED A TRANSLATOR.

IF A TRANSLATION SERVICE IS PROVIDED BY TH E BOARD, AN AUTOMATIC TRANSLATION SERVICE, THEN THE TIME DOESN'T NEED TO BE DOUBLED.

BUT IF SOMEBODY BRINGS A TRANSLATOR DURING PUBLIC COMMENT TO GIVE THEIR COMMENTS, THEIR TIME SHOULD BE DOUBLED.

AND PUBLIC COMMENTS AND YOU KNOW, THERE ARE OFTENTIMES HARD TO HEAR.

SOMETIMES THERE CAN BE CRITICISMS OF THE BOARD, SOMETIMES THEY CAN BE CRITICISMS OF THE POLICY OR SERVICES.

BUT THE REASONABLE REGULATIONS THAT A LEGISLATIVE BODY ADOPTS FOR THE CONDUCT OF MEETING CAN'T PROHIBIT THOSE TYPES OF NEGATIVE COMMENTS OR CRITICISMS. QUESTION. YES. CAN I ASK? SO THERE IS BACK ON THE LAST SLIDE.

DURING A REGULAR MEETING, ANYONE CAN TALK IN OPEN PUBLIC COMMENT ON ANYTHING AND IT'S LIMITED ON SPECIAL MEETINGS.

WHAT IS A CLOSED SESSION DEFINED AS? BECAUSE WE HAVE A CLOSED SESSION EVERY TIME WE MEET.

AND WE ALSO HAVE A PUBLIC COMMENT PERIOD. BUT THEY HAVE TO.

DOES IT HAVE TO BE SPECIFICALLY ON WHAT'S LISTED IN THE CLOSED SESSION? CORRECT. AND WE'LL TALK ABOUT APPROPRIATE CLOSED SESSION TOPICS IN A FEW SLIDES BECAUSE THERE ARE AND THE BROWN ACT DOES LIMIT WHAT TOPICS YOU CAN DISCUSS IN CLOSED SESSION. BUT YES, IF YOU HAD A CLOSED SESSION ITEM REGARDING REAL PROPERTY NEGOTIATION, SOMEBODY AND THAT'S THE ONLY ITEM ON THE SPECIAL AGENDA, SOMEBODY COMES TO PROVIDE PUBLIC COMMENT.

THEIR COMMENTS NEED TO BE LIMITED TO THAT ITEM, THAT REAL PROPERTY NEGOTIATION ITEM.

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IS THAT COVERED BY THE BROWN ACT, OR IS THAT A PROCESS? LIKE DOES THE PUBLIC HAVE A CHANCE TO COMMENT BEFORE WE START TO DELIBERATE? IS THAT UNDER THE. IS THAT COVERED BY THE BROWN ACT? NO. SO THAT WOULD BE COVERED UNDER THE BOARD'S REASONABLE REGULATIONS FOR MEETINGS AND THE BOARD GUIDELINES FOR EXAMPLE.

THE BROWN ACT DOES PROVIDE REQUIREMENTS RELATING TO WHAT CAN BE DISCUSSED IF IT IS A NON AGENDIZED ITEM AND THAT'S VERY LIMITED. AND WE'LL GET TO THAT IN A LITTLE BIT.

BUT IT DOESN'T REGULATE WHEN DOES THE BOARD GET TO ASK QUESTIONS VERSUS WHEN DOES PUBLIC COMMENT TAKEN? DOES THAT MAKE SENSE? OKAY. DENISE, BEFORE YOU MOVE ON, I JUST WAS WONDERING IF YOU COULD ELABORATE ON THE EQUAL AMOUNT OF TIME FOR PUBLIC COMMENT. AND WHAT HAPPENS IF A MEMBER OF THE PUBLIC IS GIVEN ADDITIONAL TIME IN THAT MEETING? DOES THAT QUESTION MAKES SENSE? RIGHT SO WE'LL TALK A LITTLE BIT MORE ABOUT THAT DURING THE PRESIDING OFFICER'S SECTION AT THE END.

WE TALK ABOUT SORT OF WHAT ARE THE BEST PRACTICES FOR A PRESIDING OFFICER AT A MEETING.

AND ONE OF THOSE BEST PRACTICES IS PROVIDING EQUAL TIME TO SPEAKERS.

IT IS VERY IMPORTANT, ESPECIALLY IF THE BOARD IS CONSIDERING SOME TYPE OF QUASI JUDICIAL ACTION WHERE THE BOARD IS ACTING IN THE CAPACITY AS A COURT IN DECIDING PARTICULAR ISSUES, THEN THE SPEAKERS ARE ENTITLED TO SOME DUE PROCESS RIGHTS.

AND SO WE WANT TO MAKE SURE THAT THE SPEAKERS HAVE EQUAL TIME IN PROVIDING THEIR PUBLIC COMMENTS DURING THOSE TYPES OF QUASI JUDICIAL ACTIONS.

BUT GENERALLY DURING REGULAR MEETINGS WHERE YOU'RE JUST CONSIDERING ITEMS BEFORE THE BOARD, IT IS A GOOD THING TO COMPLY WITH THE BOARD'S OPERATING GUIDELINES AND BE CONSISTENT IN THE WAY THAT THE THREE MINUTE RULE IS APPLIED, SO THAT EVERYBODY THAT'S SPEAKING HAS THE SAME OPPORTUNITIES TO PRESENT THE SAME TIMELINES TO PRESENT, SO THAT EVERYBODY HAS THE SAME OPPORTUNITIES TO SPEAK.

BUT SOMETIMES I WILL ADD THAT SOMETIMES, AS YOU KNOW, THERE MAY BE MORE SPEAKERS OR LESS SPEAKERS, AND IT IS IT CAN BE APPROPRIATE IN SOME INSTANCES TO LOWER THE LIMIT TO MAYBE, SAY, TWO MINUTES EACH OR INCREASE THE MINUTES TO MAYBE FOUR MINUTES EACH, DEPENDING ON THE IMPORTANCE OF THE ITEM.

AGAIN, IT'S JUST IMPORTANT TO AND BEST PRACTICE TO STAY CONSISTENT SO THAT EVERYBODY HAS THE SAME TIME TO PRESENT TO THE BOARD.

OKAY. SO WHILE THE BROWN ACT DOES ENCOURAGE PUBLIC PARTICIPATION AND THE BASIC PREMISE FOR THE BROWN ACT IS TO BE TRANSPARENT AND PROVIDE INSTILL CONFIDENCE IN THE PUBLIC IN THE WAY THAT THE GOVERNMENT IS CONDUCTING BUSINESS. THERE ARE SOME LIMITS ON PUBLIC PARTICIPATION AND RECENT CHANGES TO THE BROWN ACT.

REALLY CLARIFY WHAT THE PRESIDING OFFICER CAN DO TO LIMIT THE ACTIONS OF A PUBLIC PARTICIPANT WHO IS DISRUPTING THE MEETING.

SO THE BROWN ACT DOES ALLOW FOR REMOVAL OF PEOPLE WHO ARE DISRUPTING THE MEETING.

AND WHAT DOES DISRUPTING MEAN? IT IS DEFINED IN THE BROWN ACT.

IT'S ENGAGING IN BEHAVIOR DURING A MEETING THAT ACTUALLY DISRUPTS, DISTURBS, IMPEDES, OR RENDERS INFEASIBLE THE ORDERLY CONDUCT OF THE MEETING. SO IT HAS TO BE MORE THAN JUST SOMEBODY SPEAKING OUT OF TURN.

IT HAS TO BE SOMEBODY THAT IS PUTTING A HALT TO THE BUSINESS OF THE LEGISLATIVE BODY.

DISRUPTION INCLUDES FAILURE TO COMPLY WITH REASONABLE AND LAWFUL REGULATIONS ADOPTED BY THE BODY, OR ENGAGING IN BEHAVIOR THAT CONSTITUTES USE OF FORCE OR A TRUE THREAT OF FORCE.

AND TRUE THREAT OF FORCE IS ALSO DEFINED TO MEAN A THREAT THAT HAS SUFFICIENT INDICIA OF INTENT AND SERIOUSNESS,

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SO WHEN THAT DISRUPTION OCCURS, THE PRESIDING OFFICER UNDER THE BROWN ACT, IS REQUIRED TO GIVE A WARNING TO ADVISE THE DISRUPTOR THAT THEIR BEHAVIOR IS DISRUPTING THE MEETING, AND THAT THEIR FAILURE TO CEASE THAT BEHAVIOR WILL RESULT IN THEIR REMOVAL.

AND THIS WOULD BE IF THIS OCCURS, THERE WOULD BE A LOT OF LOOKING AROUND AT EVERYBODY ELSE.

AND YOU'LL THE PRESIDING OFFICER WILL LIKELY LOOK TO GENERAL COUNSEL TO SEE WHAT CAN I DO.

AND SO THERE IS SOME INVOLVEMENT OF THE PRESIDING OFFICER , MAYBE THE GENERAL MANAGER , ON WHETHER THE WARNING IS GOING TO BE GIVEN AND THE NEXT STEPS AFTER THE WARNING, IF THE PERSON DOESN'T CEASE AND DESIST THE BEHAVIOR AND THEN THAT PERSON CAN BE REMOVED.

DOES THIS BEHAVIOR EXTEND TO I'VE NEVER SEEN THIS HAPPEN, BUT I MEAN, IT COULD HAPPEN.

SOMEBODY JUST REFUSES TO STOP TALKING. YES. IT DOES EXTEND TO THAT.

RIGHT. SO IF SOMEBODY GETS THEIR THREE MINUTES.

YEAH. AND YOU SAY, OKAY, THANK YOU FOR, YOU KNOW, SPEAKING.

YOUR TIME IS UP AND THEY CONTINUE TO SPEAK. THAT IS DISRUPTING THE MEETING.

AND IT FALLS WITHIN THE DEFINITION OF DISRUPTION BECAUSE IT'S A FAILURE TO COMPLY WITH REASONABLE AND LAWFUL REGULATIONS ADOPTED BY THE BODY.

SO THE BOARD'S GUIDELINES ON THE THREE MINUTE STANDARD, THAT'S WHAT SETS THE LIMIT.

THEY'RE NOT COMPLYING WITH THAT. AND THEY'RE DISRUPTING THE MEETING BECAUSE YOU CAN'T CONTINUE THE BUSINESS OF THE BOARD.

RIGHT. OKAY. AND THEN A WARNING HAS TO BE INSERTED IN THERE SOMEWHERE.

AND THEN. RIGHT. YEAH. A WARNING. GO AHEAD. YES.

SORRY. A WARNING. AND THEN IF THEY CAN'T COMPLY, THEN THE SERGEANT AT ARMS OR WHOMEVER CAN REMOVE THAT PERSON.

OFTENTIMES THERE ISN'T A SERGEANT AT ARMS AT THE MEETING.

AND SO WHAT TYPICALLY ENDS UP HAPPENING IS YOU ASK, YOU SAY, HEY, WE WE'VE ASKED YOU TO TO STOP GIVING PUBLIC COMMENT.

YOUR TIME IS UP. YOU NEED TO STOP OR WE'RE GOING TO REMOVE YOU.

AND IF THEY DON'T STOP ON THEIR OWN, THE BEST SOMETHING, ANOTHER TOOL THAT CAN BE USED IS JUST TAKING A RECESS AND HAVING THAT PERSON UNDERSTAND THAT WE'RE GOING TO STOP UNTIL YOU MOVE AWAY FROM THE PODIUM.

AND THANKS FOR THAT LAST EXAMPLE, BECAUSE THAT IS GENERALLY WHAT I RECOMMEND BEFORE ACTUALLY REMOVING.

THERE ARE A LOT OF THE WAY THIS PLAYS OUT LEGALLY IN COURT IS WHOEVER IS REMOVED USUALLY COMES OUT WITH A FIRST AMENDMENT LAWSUIT, SAYS THAT THEIR FIRST AMENDMENT RIGHTS WERE DEPRIVED. SO I ALWAYS ADVISE MY COUNSELS AND MANAGERS THAT THAT DECISION ON WHETHER OR NOT REMOVAL, WHICH IS DIFFERENT THAN CUTTING SOMEBODY OFF FROM SPEAKING, BUT REMOVING SOMEBODY FROM THE CHAMBERS IS AN EXERCISE IN, YOU KNOW RESTRICTION OF SOMEBODY'S SPEECH RIGHTS SUCH THAT I ALWAYS RECOMMEND THAT YOU ARE CONSULTING WITH THE GENERAL COUNSEL .

BECAUSE IT IS SOMETHING THAT REQUIRES THAT KIND OF FACTUAL ANALYSIS TO DETERMINE WHETHER OR NOT THIS SITUATION WARRANTS REMOVAL.

AND TO, YOU KNOW, DENISE'S POINT, WE DO RECOMMEND THAT YOU TRY TO EXERCISE YOUR AUTHORITY AS A CHAIR TO, YOU KNOW, AND I WILL SPEAK MORE ABOUT THIS DURING THE ROLES OF THE PRESIDING OFFICER .

THE MOST IMPORTANT TOOL THAT YOU HAVE AS A CHAIR IS YOUR GAVEL.

YOU'D BE AMAZED AT HOW WHAT AN IMPACT THAT WILL HAVE JUST TO SHOCK PEOPLE OUT OF A LOT OF TIMES WHEN THEY START TALKING OVER AND, YOU KNOW, BEYOND THEIR TIME LIMIT, THEY'RE JUST THEY JUST LOST A SENSE OF TIME AND THEY WON'T DON'T EVEN HEAR YOU SAYING YOUR TIME IS UP OR WHATEVER MEANS YOU HAVE OF LIMITING TIME. THEY NEED THE GAVEL TO SORT OF SHOCK THEM BACK INTO YOUR TIME IS UP OR WHATEVER IT MAY BE. SO THERE ARE A LOT OF TOOLS THAT THE CHAIR CAN USE TO TRY TO MOVE THE MEETING ALONG AND MOVE SPEAKERS ALONG.

SO A QUICK QUESTION. SO IF THE GAVEL DOESN'T WORK WE CAN ALSO TURN OFF THE MIC, RIGHT? ISN'T THAT THE NEXT STEP BEFORE CALLING A RECESS.

YES, YES, THAT WOULD BE THAT WOULD BE THE NEXT STEP.

AND IT'S YOU KNOW, YOU COULD GAVEL THE PERSON DOWN, TURN OFF THEIR MIC, YOU KNOW, EITHER WAY.

OKAY. THANK YOU. OKAY. SO IF THAT PERSON SAY YOU ARE ABLE TO RESTORE ORDER, THAT PERSON EITHER LEAVES ON HIS OWN OR IS REMOVED.

IF THERE ARE STILL PEOPLE IN THE ROOM AND THE ROOM IS DISRUPTIVE, GENERALLY THE ROOM CAN BE CLEARED OF ALL ATTENDEES.

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YOU COULD CLEAR THE ROOM. MEMBERS OF THE PRESS WHO HAVEN'T PARTICIPATED IN THE DISRUPTION CAN ARE AUTHORIZED TO STAY UNDER THE BROWN ACT, BUT EVERYONE ELSE CAN BE CLEARED. AND THE BOARD CAN ESTABLISH WAYS TO BRING PEOPLE BACK IN AFTER THE DISRUPTION HAS SUBSIDED.

SO AGAIN, THESE ARE ALL TOOLS THAT THE BROWN ACT PROVIDES TO LIMIT DISRUPTIONS AT PUBLIC MEETINGS.

BUT THERE ARE OTHER TOOLS THAT AREN'T INCLUDED IN THE BROWN ACT AS MICHELLE SAID, GAVELING PEOPLE DOWN, TAKING RECESSES, TURNING OFF MICS. THOSE AREN'T COVERED IN THE BROWN ACT, BUT AGAIN, TOOLS TO LIMIT DISRUPTIONS IN THE BOARD MEETINGS. OOPS. ONE THING THAT I GET A LOT OF QUESTIONS ABOUT IS THE ABILITY OF THE PUBLIC TO RECORD MEETINGS.

OFTENTIMES, MEMBERS OF THE LEGISLATIVE BODY FEEL THAT RECORDING MEETINGS IS DISRUPTIVE IN AND OF ITSELF, BECAUSE IT'S A LITTLE BIT DISCONCERTING TO HAVE SOMEBODY TAKING PHOTOGRAPHS DURING MEETINGS OR VIDEOTAPING.

SO OFTENTIMES YOU'LL GET PEOPLE WHO ARE PROPONENTS OF FIRST AMENDMENT RIGHTS AND THEY, YOU KNOW, WILL MAKE A PROMINENT ISSUE OF THEIR RECORDING .

THEY'LL STICK THE CAMERA UP AND MAKE IT KNOWN THAT THEY'RE RECORDING YOU. BUT THE BROWN ACT DOES CONTEMPLATE THAT PEOPLE ARE GENERALLY ALLOWED TO USE AUDIO VIDEO TAPE RECORDERS AT AN OPEN MEETING. HOWEVER, IT HAS TO BE REASONABLE.

AND AGAIN, YOU KNOW, THEY CAN'T USE NOISE OR ILLUMINATION OR OTHER ACTIONS THAT WOULD DISRUPT THE MEETING.

SO THEY CAN COME, THEY CAN PUT THEIR CAMERA UP, BUT THEY CAN'T SORT OF GET IN YOUR FACE OR WALK AROUND THE WELL OF THE DAIS OR HAVE NOISE OR LIGHTS THAT WOULD DISRUPT THE MEETING.

ALL RIGHT. SO WITH MEETINGS THERE ARE AGENDA NOTICING REQUIREMENTS.

WE TALKED EARLIER ABOUT THE TIME LIMITATIONS ON WHEN YOU HAVE TO POST NOTICE OF THE MEETING FOR REGULAR AND SPECIAL MEETINGS.

BUT THERE ARE ALSO NOTICING REQUIREMENTS ON THE CONTENT OF THE AGENDA ITSELF AND HOW THE ITEMS ARE DESCRIBED IN THE AGENDA.

GENERALLY, THE BROWN ACT WANTS BRIEF DESCRIPTIONS OF THE ITEM, BRIEF MEANING 20 WORDS OR LESS, AND IT HAS TO GIVE THE PUBLIC AN IDEA OF WHAT IS GOING TO BE DISCUSSED AT THE MEETING.

COURTS WILL LOOK AT WHETHER THE AGENDA LANGUAGE CONSIDERED AS A WHOLE GIVES THE PUBLIC MORE THAN A CLUE.

SO IS A MEMBER OF THE PUBLIC ABLE TO LOOK AT YOUR AGENDA AND UNDERSTAND WHAT IS GOING TO BE DISCUSSED, WHAT ACTION IS GOING TO BE TAKEN AT THE MEETING AND WHETHER OR NOT THEY WANT TO COME AND PARTICIPATE.

IF IT DOESN'T PROVIDE THAT TYPE OF DESCRIPTION, THEN IT COULD VIOLATE THE BROWN ACT.

SO WHILE THE AGENDA WILL IDENTIFY ALL OF THE ITEMS THAT THE BOARD IS GOING TO DISCUSS AT THE MEETING, OFTENTIMES THINGS CAN COME UP THAT AREN'T AGENDIZED.

AND THE BROWN ACT CONTEMPLATES A LIMITED, NARROW ABILITY OF THE BOARD TO DO SOME THINGS ON NON AGENDIZED ITEMS. SO THERE CAN BE A BRIEF RESPONSE TO PUBLIC STATEMENTS OR QUESTIONS.

BRIEF ANNOUNCEMENTS ON REPORT OR ACTIVITIES BY MEMBERS OF THE LEGISLATIVE BODY.

MEMBERS OF THE LEGISLATIVE BODY CAN ASK QUESTIONS FOR CLARIFICATION.

THEY CAN PROVIDE DIRECTION TO STAFF OR PROVIDE A REFERENCE TO STAFF OR OTHER RESOURCES FOR INFORMATION AND CONSISTENT WITH THE BOARD GUIDELINES, THEY CAN REQUEST STAFF PLACE THE MATTER ON A FUTURE AGENDA ITEM AS A FUTURE AGENDA ITEM, AND BRIEFLY ISN'T REALLY DEFINED IN THIS SECTION OF THE GOVERNMENT CODE. SECTION 54954.2. BUT WE KNOW, BASED ON CASE LAW AND ATTORNEY GENERAL OPINIONS, THAT BRIEF IS JUST THAT BRIEF.

JUST A FEW WORDS, PROBABLY UNDER A MINUTE OF RESPONSE OR QUESTIONS OF THE PUBLIC COMMENTER.

WHEN BOARD MEMBER S OR MEMBERS OF THE LEGISLATIVE BODY START SORT OF DISCUSSING OR DELIBERATING AMONGST THEMSELVES ABOUT SOMETHING A MEMBER OF THE PUBLIC HAS SAID.

SO, FOR EXAMPLE, IF SOMEBODY COMES TO A MEETING AND SOMEBODY GIVES A PUBLIC COMMENT.

THEN TWO MEMBERS OF THE LEGISLATIVE BODY GIVE A LENGTHY RESPONSE TO THAT PUBLIC COMMENT.

[00:35:04]

I REALLY WANT TO TALK TO YOU MORE ABOUT THIS.

I THINK WE SHOULD LOOK INTO THIS. THAT MAY BE FINE IF IT'S A BRIEF COMMENT IN RESPONSE TO THE PUBLIC COMMENTER, BUT WHEN THERE ARE MULTIPLE MEMBERS COMMENTING AND THEN THERE'S A DISCUSSION AMONGST THE MEMBERS ABOUT LIKE, WELL, SHOULD WE AGENDIZE THIS OR IS THIS IMPORTANT? OR WHAT ABOUT THIS? THEN THAT BECOMES MORE OF A DELIBERATIVE PROCESS, AND THAT'S SOMETHING THAT GOES BEYOND WHAT'S ALLOWED UNDER THE NON AGENDIZED MEETINGS REQUIREMENTS FOR THE BROWN ACT. AND SO ONE GENERAL RULE THAT I TEND TO FOLLOW WITH MY COUNCIL'S IS WHEN THERE IS ONE BRIEF COMMENT YOU DON'T GET ANY REACTION FROM ME.

IF I HAVE MULTIPLE COMMENTS BY BOARD MEMBER S.

JUST ONE MORE COMMENT. YOU THE BOARD WILL THE COUNCIL WILL USUALLY SEE ME.

I'M NOW NERVOUS BECAUSE THAT ADDITIONAL COMMENT COULD BE CONSIDERED DELIBERATION DEPENDING UPON WHAT THAT COMMENT SAYS.

SO MY POINT IS, ANYTIME ONE COUNCIL MEMBER BRIEFLY RESPONDS TO A PUBLIC COMMENT, I DON'T BELIEVE THAT'S GOING TO RAISE AN ISSUE.

BUT IT DOES IT COULD RAISE AN ISSUE IF YOU HAVE ANOTHER COUNCIL, ANOTHER BOARD MEMBER WHO COMMENTS EQUALLY ON THAT PUBLIC COMMENT. THAT IS WHEN YOU'RE GOING TO BE LOOKING TO YOUR GENERAL COUNSEL TO SEE HOW ARE WE GOING BEYOND A BRIEF RESPONSE TO A PUBLIC COMMENT, JUST FOR THE RECORD. OKAY.

SO NOW WE'RE GOING TO OOPS. SO NOW WE'RE GOING TO TALK ABOUT TELECONFERENCING.

SO OBVIOUSLY MEMBERS CAN PARTICIPATE BY COMING IN PERSON AND BEING AT THE DAIS.

BUT THE BROWN ACT ALSO CONTEMPLATES MEMBERS PARTICIPATING IN A MEETING VIA TELECONFERENCE.

AND THERE ARE ESSENTIALLY THREE WAYS TO PARTICIPATE IN TELECONFERENCING.

THERE'S THE TRADITIONAL TELECONFERENCING RULES UNDER THE BROWN ACT.

THIS WAS THESE TRADITIONAL TELECONFERENCING RULES WERE IN PLACE BEFORE COVID 19.

SO YOU MAY REMEMBER IT'S, YOU KNOW, THAT WE'LL GO THROUGH THE REQUIREMENTS IN A COUPLE OF SLIDES, BUT IT'S BASICALLY YOU HAVE TO POST YOUR LOCATION ON THE AGENDA, AND IT HAS TO BE OPEN AND ACCESSIBLE TO THE PUBLIC.

BUT DURING COVID 19, THAT WAS NOT A VIABLE WAY FOR THE AGENCIES TO CONDUCT THEIR BUSINESS.

SO THE BROWN ACT SORT OF EXPANDED, AND NOW WE HAVE A METHOD TO CONDUCT TELECONFERENCING DURING CERTAIN DECLARED STATES OF EMERGENCIES, AND UNDER AB 2449, WHICH ALLOWS MEMBERS TO PARTICIPATE VIA TELECONFERENCE IF THERE IS JUST CAUSE OR EMERGENCY CIRCUMSTANCES. SO THE TRADITIONAL TELECONFERENCING REQUIREMENTS, AS I MENTIONED EARLIER, THE AGENDA MUST BE POSTED IN ALL LOCATIONS WITH THE TELECONFERENCE LOCATION SPECIFICALLY IDENTIFIED IN THE AGENDA.

SO IF YOU ARE GOING TO HAWAII AND YOU WANT TO PARTICIPATE IN THE MEETING, BUT YOU DON'T MEET THE CRITERIA FOR JUST CAUSE OR EMERGENCY CIRCUMSTANCES UNDER AB 2449, YOU COULD STILL USE THE TRADITIONAL TELECONFERENCING REQUIREMENTS.

IF YOU ARE GOING TO BE AT A LOCATION THAT IS OPEN AND ACCESSIBLE TO THE PUBLIC, AND IT CAN, THE AGENDA CAN BE POSTED IN THAT LOCATION PRIOR TO THE MEETING, AND THERE IS A QUORUM PARTICIPATING FROM LOCATIONS WITHIN THE AGENCY BOUNDARIES. AND DURING THE MEETING YOU WOULD BE ASKED, IS THERE ANY PUBLIC COMMENT AT THE TELECONFERENCING LOCATION? AND USUALLY THERE IS NOT. NOBODY IN HAWAII WANTS TO GO TO A MEETING.

[LAUGHTER] BUT, YOU KNOW, THAT'S THE PROCEDURE THAT'S REQUIRED AND ALL VOTES NEED TO BE ROLL CALL.

SO UNDER AB 2449 THIS THERE IS MODIFIED TELECONFERENCING REQUIREMENTS.

AND YOU CAN USE THESE REQUIREMENTS IF YOU CAN USE AB 2449, IF THERE IS A QUORUM THAT IS MEETING IN PERSON AT THE REGULAR LOCATION FOR MEETINGS IDENTIFIED IN THE AGENDA, AND IF YOU CAN MEET THE JUST CAUSE, CIRCUMSTANCE OR EMERGENCY CIRCUMSTANCE, THEN YOU CAN PARTICIPATE.

IF YOU ARE PARTICIPATING UNDER EITHER JUST CAUSE OR EMERGENCY CIRCUMSTANCE, YOU NEED TO IDENTIFY WHETHER THERE IS ANY OTHER ADULT PRESENT IN THE ROOM WITH YOU AND WHAT THE NATURE OF THAT RELATIONSHIP IS, AND THE PERSON NEEDS TO BE IDENTIFIED AT THE TIME THE MEMBER IS GOING TO TAKE ACTION.

[00:40:04]

SO IF THERE'S AN ADULT PRESENT IN THE ROOM WITH YOU, THEN YOU NEED TO DISCLOSE THAT.

SO WHEN THESE WHEN SOMEONE IS UTILIZING AB 2449, THE LEGISLATIVE BODY MUST PROVIDE EITHER TWO WAY AUDIO VISUAL PLATFORM FOR THE PUBLIC TO PARTICIPATE OR A TWO WAY TELEPHONIC SERVICE AND LIVE WEBCASTING.

IF THERE IS A DISRUPTION IN THE MEETING WHEN SOMEONE IS PARTICIPATING UTILIZING AB 2449, SO SAY THE INTERNET GOES OUT OR THE AUDIO CAPABILITIES SHUT DOWN, OR THE LIVE WEBCASTING SHUTS DOWN.

THEN THE LEGISLATIVE BODY HAS TO CEASE ACTION.

IT CAN'T GO FORWARD TAKING ANY ACTION BECAUSE THOSE METHODS OF PARTICIPATING IN THE TELECONFERENCE ARE NOT AVAILABLE.

SO NOW WE'RE GOING TO TALK ABOUT WHAT JUST CAUSE IS UNDER THE BROWN ACT.

JUST CAUSE IS DEFINED AS CHILDCARE OR CAREGIVING NEED FOR A CHILD, PARENT, GRANDPARENT, GRANDCHILD, SIBLING, SPOUSE, OR DOMESTIC PARTNERS. A CONTAGIOUS ILLNESS THAT PREVENTS THE MEMBER FROM ATTENDING IN PERSON OR A NEED RELATED TO PHYSICAL OR MENTAL DISABILITY. SO THE ATTORNEY GENERAL HAS OPINED RECENTLY THAT TELECONFERENCING FOR MEETINGS CAN BE A REASONABLE ACCOMMODATION.

YOU CAN ALSO USE AB 2449 FOR OFFICIAL BUSINESS OF THE LEGISLATIVE BODY.

SO WHEN THE MEMBER IS TRAVELING ON OFFICIAL BUSINESS, IT CAN'T BE TRAVEL FOR YOUR PERSONAL BUSINESS OR WORK, BUT IT CAN BE FOR OFFICIAL BUSINESS OF THE LEGISLATIVE BODY.

EMERGENCY CIRCUMSTANCES IS MUCH MORE. YES. I'M SORRY.

WE HAVE A QUESTION. YEAH. I THINK I JUST WANT TO CLARIFY.

I THINK I HEARD YOU SAY THAT IF THERE'S SOMEBODY WHO'S ON REMOTE AND USING THE EMERGENCY OR JUST CAUSE CIRCUMSTANCES AND THEN FOR WHATEVER REASON, LIKE THEY LOSE POWER, THEY DROP OFF THAT THE BODY CAN'T CONTINUE.

BUT IF THE BODY HAS A QUORUM, WOULDN'T THEY BE ALLOWED TO STILL CONTINUE? THE BOARD CAN'T TAKE ANY ACTION IF THAT MEMBER IF IT DROPS OFF, IF THE TELECONFERENCING ACTION DROPS OFF, THE TECHNOLOGY FAILS. YES. THEY CAN'T TAKE ANY ACTION.

I THINK THE QUESTION MIGHT BE THE DISTINCTION BETWEEN WHETHER THAT TELECONFERENCING IS NOT WORKING FOR THE PUBLIC VERSUS FOR THE BOARD MEMBER .

WELL, IF IT'S NOT WORKING, YES, THAT COULD BE A DISTINGUISHING FACTOR.

BUT THE BROWN ACT PROVIDES THAT THE RE CAN'T BE ANY DISRUPTION THAT PREVENTS THE PUBLIC FROM PARTICIPATING.

SO IF THE PUBLIC CAN'T PARTICIPATE, THEN THE LEGISLATIVE BODY CAN'T TAKE ANY ACTION.

RIGHT. BUT IF A BOARD MEMBER DROPPED OFF, IF THERE WAS JUST ONE BOARD MEMBER PARTICIPATING REMOTELY AND THEIR POWER DROPPED AND THERE WAS STILL A QUORUM, THE QUORUM COULD CONTINUE. I SEE WHAT YOU ARE SAYING. AND THE PUBLIC CAN STILL PARTICIPATE. YES. THEN I THINK YOU'RE OKAY, SO LONG AS THE PUBLIC CAN CONTINUE TO PARTICIPATE.

OKAY, GOOD. THANK YOU. SORRY. AND WHEN YOU SAY TAKE ACTION TO ME, I THINK OF SOMETHING THAT REQUIRES A VOTE.

I SENSE THAT MAYBE THAT'S NOT THE CASE. NO, IT'S NOT THAT.

IT'S MORE. UNFORTUNATE WORDING BECAUSE IF WE HAD THREE INFORMATIONAL ITEMS LEFT AND SOMETHING HAPPENED, THERE'S NO ACTION REALLY BEING TAKEN. WE'RE JUST LISTENING. RIGHT AND IT CAN BE MORE THAN JUST VOTING ON AN ITEM.

OKAY CORRECT. THANKS. OKAY. AND SO AND JUST FOR JUST CAUSE THE A MEMBER WHO WANTS TO PARTICIPATE UNDER AB 2449 FOR JUST CAUSE SOMETIMES THESE ISSUES COME UP LAST MINUTE RIGHT BEFORE THE MEETING AND THAT'S CONTEMPLATED UNDER THE BROWN ACT. IT PROVIDES THAT THE MEMBER MUST ADVISE THE LEGISLATIVE BODY AT THE EARLIEST OPPORTUNITY, INCLUDING THE START OF THE MEETING AND AT THE START OF THE MEETING, OR WHENEVER THEY ADVISE THE LEGISLATIVE BODY, THEY MUST GIVE A GENERAL DESCRIPTION OF THE CIRCUMSTANCES OF WHY THEY ARE NEEDING TO PARTICIPATE UNDER AB 2449.

EMERGENCY CIRCUMSTANCES ARE MUCH. IT'S MUCH MORE NARROW.

IT IS A PHYSICAL OR FAMILY MEDICAL EMERGENCY THAT PREVENTS A MEMBER FROM ATTENDING IN PERSON.

THE MEMBER MUST REQUEST THE LEGISLATIVE BODY, ALLOW THEM TO PARTICIPATE IN THE MEETING REMOTELY, AND THE LEGISLATIVE BODY MUST TAKE ACTION TO APPROVE THE REQUEST.

[00:45:01]

SO AGAIN, THE MEMBER WOULD NEED TO REQUEST THAT.

AND IT'S USUALLY AT THE START OF THE MEETING. AND YOU CAN ADD AN AGENDA ITEM ON THE FLY AT THE MEETING IF NECESSARY TO DO THAT, TAKE THAT ACTION. AND THE MEMBER NEEDS TO PROVIDE A GENERAL DESCRIPTION OF THE CIRCUMSTANCES OF WHY THEY NEED THAT TO PARTICIPATE REMOTELY.

IT'S JUST A GENERAL DESCRIPTION. THE MEMBER DOESN'T NEED TO GIVE ANY MEDICAL REASONS OR DIAGNOSIS ET CETERA.

IT'S JUST A GENERAL DESCRIPTION.

SO THERE ARE SOME LIMITATIONS ON THE RIGHT TO APPEAR REMOTELY.

RECENTLY, AB 2302 WAS PASSED AND IT WENT INTO EFFECT ON JANUARY 1, 2025.

AND IT PROVIDES SOME CLARITY ON HOW OFTEN MEMBERS OF LEGISLATIVE BODIES MAY ATTEND REMOTELY.

THERE IS SOME A LITTLE BIT OF CONFUSION, THOUGH, BECAUSE AB 2302 WAS INITIALLY GOING TO REMOVE A LIMITATION ON THE JUST CAUSE CIRCUMSTANCE. THERE WAS A LIMITATION THAT PROVIDED THAT ONLY TWO MEETINGS COULD BE CONDUCTED BY A MEMBER VIA THE JUST CAUSE CIRCUMSTANCE. IN THE END, THAT LIMITATION WAS NOT REMOVED.

SO YOU HAVE JUST CAUSE CIRCUMSTANCES HAS ITS OWN SEPARATE TWO MEETING LIMITATION PER CALENDAR YEAR.

BUT THESE LIMITS ARE FOR TELECONFERENCING UNDER AB 2449 FOR BOTH JUST CAUSE CIRCUMSTANCES OR EMERGENCY CIRCUMSTANCES.

SO IT'S NOT CLEAR IF THE LEGISLATION LEGISLATURE IS GOING TO CORRECT THAT.

BUT THAT'S WHAT WE HAVE. WE HAVE A TWO MEETING LIMIT PER CALENDAR YEAR FOR JUST CAUSE.

AND THEN WE HAVE THESE MEETING LIMITATIONS WHICH DEPEND ON HOW OFTEN THE LEGISLATIVE BODY MEETS.

SO IF THEY MEET ONCE PER MONTH THEN THEY GET TWO MEETINGS PER YEAR.

IF THEY MEET TWICE PER MONTH, THEY GET FIVE MEETINGS PER YEAR.

IF THEY MEET THREE OR MORE TIMES, THEN THEY GET TO PARTICIPATE VIA TELECONFERENCE UNDER THE JUST CAUSE CIRCUMSTANCES OR EMERGENCY CIRCUMSTANCES, SEVEN MEETINGS PER YEAR. BUT AGAIN, WITH THAT TWO YEAR LIMITATION, IT WOULD BE TWO FOR THE JUST CAUSE.

BUT YOU COULD DO FIVE MEETINGS PER YEAR UNDER EMERGENCY CIRCUMSTANCES.

OKAY. I HAVE ONE OTHER QUESTION. SO JUST TO AND IF YOU PREFER I CAN HOLD MY QUESTIONS TO THE END.

IT JUST MIGHT BE EASIER WHILE YOU'RE TALKING. PLEASE. OKAY. SO SO UNDER THIS ONE WHEN YOU SAY LEGISLATIVE BODY, DOES THAT MEAN THE BOARD OR DOES THAT MEAN LIKE SAY THE BOARD.

AND THEN YOU HAVE A SEPARATE LEGISLATIVE BODY WHEN YOU HAVE A BOARD COMMITTEE MEETING. CORRECT.

SO IT'D BE BOTH SO UNDER THE BROWN ACT STANDING COMMITTEES, ELECTED COMMITTEE, ELECTED OFFICIALS OF THE GOVERNING BODY, THOSE THEY'RE ALL LEGISLATIVE BODIES. SO IF YOU ARE ON THE BOARD, THAT'S A LEGISLATIVE BODY.

IF YOU ARE ON A STANDING COMMITTEE, THAT'S A LEGISLATIVE BODY.

AND THESE MEETING LIMITATIONS WOULD APPLY TO EACH BODY.

RIGHT. OKAY. YES. OKAY. SO THERE ARE TELECONFERENCING REGULATIONS DURING PROCLAIMED STATES OF EMERGENCY AS WELL.

AND THESE ARE THE STATE OF EMERGENCY MEANS A GOVERNOR DECLARED STATE OF EMERGENCY THAT IS STATEWIDE.

AND THE LEGISLATIVE BODY HAS DETERMINED THAT DUE TO EMERGENCY MEETING IN PERSON WOULD PRESENT IMMINENT RISKS TO HEALTH AND SAFETY OF ATTENDEES.

SO AGAIN, THIS WAS SORT OF PREPARED OR COMMENCED DURING COVID 19 DURING A STATEWIDE STATE OF EMERGENCY AND LEGISLATIVE BODIES NEEDED TO MEET DURING THAT STATEWIDE STATE OF EMERGENCY TO CONDUCT BUSINESS.

AND SO THIS MODIFIED TELECONFERENCING REGULATIONS SORT OF CAME FROM THAT ISSUE.

THE AGENDA DOES NOT NEED TO IDENTIFY THE TELECONFERENCE LOCATIONS, AND SOME OF YOU MAY REMEMBER THIS FROM THE COVID 19 DAYS WHERE IT JUST IT DIDN'T HAVE TO STATE WHERE YOU WERE PARTICIPATING FROM IN THE MEETING. AND THOSE REQUIREMENTS STILL APPLY TO THESE PROCLAIMED STATES OF EMERGENCIES.

A QUORUM DOES NOT NEED TO BE IN LOCATIONS WITHIN THE BOUNDARY OF THE JURISDICTION, AND THE LEGISLATIVE BODY MUST CONTINUE THE EMERGENCY EVERY 45 DAYS. IF IT'S GOING TO CONTINUE TO USE THIS BASIS TO CONDUCT ITS MEETINGS REMOTELY.

[00:50:07]

MIC. WHAT HAPPENS WHEN A BOARD MEMBER EXCEEDS THOSE AMOUNTS.

IS THERE LIKE SOME SOMETHING. THAT'S A GREAT QUESTION.

I HAVEN'T EVER HEARD OF ANYBODY ACCUSING SOMEBODY OR MAKING A CLAIM.

HAVE YOU? THAT ANYBODY. NO. BUT I THINK IT WOULD BE A BROWN ACT VIOLATION.

YES, IT WOULD BE A BROWN ACT VIOLATION. MOST LIKELY THAT WOULD PLAY OUT SOMEBODY MAKING A BROWN ACT CLAIM.

AND THEN YOU'D HAVE TO DETERMINE THEY'D PROBABLY REQUEST AN ACT TO CURE.

YOU PROBABLY NEED TO HAVE THE MEETING OVER AGAIN WITHOUT THAT MEMBER PARTICIPATING.

YEAH, BUT IT WOULD BE A CLEAR VIOLATION OF THE BROWN ACT TO NOT, TO EXCEED THESE STANDARDS.

OKAY. ALL RIGHT. SO WE'VE TALKED ABOUT HOW THE MEETING IS AGENDIZED AND THE CONDUCT OF THE PUBLIC AT A MEETING AND PARTICIPATION VIA TELECONFERENCE. AND NOW WE'RE GOING TO TALK ABOUT BEHAVIOR AND EVENTS OUTSIDE OF A MEETING.

DID YOU WANT TO ADD SOMETHING? I THOUGHT I WOULD TAKE THESE SLIDES.

THIS IS USUALLY WHERE WE GET THE MOST QUESTIONS, SO QUESTIONS, SO FEEL FREE TO ASK QUESTIONS.

THIS IS THIS IS WHERE WE'RE GOING TO TALK ABOUT SERIAL MEETINGS.

AND THIS IS WHERE WE TALK ABOUT THE DIFFERENT TYPES OF SERIAL MEETINGS.

AND YOU KNOW, THE DEFINITION OF A SERIAL MEETING IS WHEN A MAJORITY OF THE MEMBERS OF A LEGISLATIVE BODY USE A SERIES OF COMMUNICATIONS OF ANY KIND, DIRECTLY OR THROUGH INTERMEDIARIES, TO DISCUSS, DELIBERATE ON, OR TAKE ACTION ON ANY ITEM OF BUSINESS THAT IS WITHIN THE SUBJECT MATTER JURISDICTION OF THE LEGISLATIVE BODY. NOW, THAT IS A PRETTY BROAD DEFINITION FOR WHAT IS NOT ALLOWED AS A SERIAL MEETING.

SO THERE ARE DIFFERENT TYPES OF ENGAGING IN SERIAL MEETINGS.

ONE IS CALLED THE DAISY CHAIN AND THIS IS SIMPLY AMONG THE BOARD MEMBER S.

HOW COULD BOARD MEMBER S ENGAGE IN A SERIAL MEETING? IT WOULD BE WHERE BOARD MEMBER A WOULD CONTACT BOARD MEMBER B TALK ABOUT AN ITEM THAT IS WITHIN THE SUBJECT MATTER JURISDICTION OF THE BOARD. THEN THAT COUNCIL MEMBER B THEN TALKS TO COUNCIL MEMBER C AND DISCUSSES WHAT THEY SPOKE TO WITH COUNCIL MEMBER A. SO NOW C KNOWS WHAT B AND A AND B HAVE SAID.

ARGUABLY THAT'S NOT A QUORUM BECAUSE THERE'S ONLY THREE.

SO THAT WOULD BE APPROPRIATE. BUT ONCE COUNCIL MEMBER C WERE TO THEN SHARE THAT INFORMATION WITH ANOTHER BOARD MEMBER , THAT WOULD THEN BECOME A BROWN ACT VIOLATION.

SO THE EASY WAY TO DEAL WITH THAT IS WE DON'T WANT A MAJORITY OF BOARD MEMBER S COMMUNICATING WITH EACH OTHER OUTSIDE OF THE DAIS. NOW, THIS ISSUE WITH SERIAL MEETINGS IS ONE WHERE I GET A LOT OF CONCERN OR, YOU KNOW, COMPLAINTS. MAYBE A STRONG WORD FROM COUNCIL MEMBER S AND BOARD MEMBER S WHO BELIEVE THAT THEY ACTUALLY NEED TO HAVE THESE CONVERSATIONS WITH THEIR BOARD MEMBER S BECAUSE THEY CAN'T HAVE ALL THESE DISCUSSIONS.

THERE ISN'T ENOUGH TIME DURING BOARD MEETINGS.

THE UNFORTUNATE REALITY IS, IS THAT THE LEGISLATURE HAS MADE THE LEGISLATURE HAS MADE A DETERMINATION THAT, TO A CERTAIN EXTENT, YOUR FIRST AMENDMENT RIGHTS ARE SOMEWHAT IMPACTED SIMPLY BECAUSE YOU'RE AN ELECTED OFFICIAL.

THAT IS ESSENTIALLY WHAT THE BROWN ACT IS SAYING.

SO, YES, YOUR ABILITY TO COMMUNICATE WITH YOUR FELLOW BOARD MEMBER S IS LIMITED.

ANOTHER WAY THAT A SERIAL MEETING CAN OCCUR IS NOT AMONG BOARD MEMBER S, BUT AMONG A THIRD PARTY INTERMEDIARY.

AND THE WAY THIS HAPPENS AND IT'S CALLED, YOU KNOW, GENERICALLY A HUB AND SPOKE SERIAL MEETING AND IT'S WHEN A THIRD PARTY HAS BEEN CONTACTING A MAJORITY OF BOARD MEMBER S TO CREATE A COLLECTIVE CONCURRENCE.

NOW, HOW DOES THIS HAPPEN? THIS COULD HAPPEN BY ONE BOARD MEMBER TALKING TO A COMMUNITY MEMBER WHO IS INTERESTED ON A TOPIC.

THAT COMMUNITY MEMBER COULD THEN TALK TO THREE OTHER BOARD MEMBER S AND TELL THOSE BOARD MEMBER S WHAT THEY HAVE HEARD FROM ONE, TWO, THREE OTHER BOARD MEMBER S. AND THEY HAVE, ALONG WITH, YOU KNOW, YOUR COMMENTING TO THAT CONSTITUENT THAT'S

[00:55:02]

ANOTHER WAY THAT THIS COULD HAPPEN IS IF YOU ARE TALKING TO, YOU KNOW, ANY OTHER INTERESTED THIRD PARTY, MAYBE NOT A COMMUNITY RESIDENT, BUT A CONTRACTOR, A, YOU KNOW, DEVELOPER OWNER OF A PROPERTY WHO WANTS TO SELL SOMETHING OR PURCHASE SOMETHING FROM THE DISTRICT.

GENERALLY WHAT HAPPENS, ESPECIALLY WHEN YOU'RE TALKING ABOUT TRANSACTIONS.

IF THEY ARE TRYING TO GET A SUPPORTIVE VOTE FROM THE BOARD, THEY WILL HAVE CONVERSATIONS WITH EVERY SINGLE BOARD MEMBER THAT'S ALLOWED. WHAT IS NOT ALLOWED IS FOR THAT THIRD PARTY, WHOEVER IT MAY BE, TO COMMUNICATE TO OTHER BOARD MEMBER S WHAT ANY OTHER BOARD MEMBER HAS SAID. SO HOW DO WE PREVENT THAT FROM HAPPENING? NUMBER ONE, WHEN YOU SPEAK TO A THIRD PARTY OR A COMMUNITY RESIDENT.

IT ALWAYS IS A GOOD PRACTICE TO LET THEM KNOW ABOUT THESE RULES.

SAY I AM WILLING TO TALK TO YOU, BUT PLEASE DON'T TELL ME WHAT YOU'VE HEARD OR WHAT YOU'VE DISCUSSED WITH ANY OTHER BOARD MEMBER .

THAT IF YOU JUST REMEMBER TO USE THAT IN YOUR VERNACULAR, WHENEVER YOU'RE TALKING TO A THIRD PARTY ABOUT DISTRICT BUSINESS, IT WILL HELP YOU PREVENT THESE TYPES OF UNINTENDED SERIAL MEETINGS.

BECAUSE IT'S A SERIAL MEETING THAT'S A VIOLATION OF THE BROWN ACT THAT ACTUALLY BOARD MEMBER S MAY NOT HAVE EVEN BEEN AWARE OF.

SO THERE'S A PROACTIVE SORT OF ROUTINE THAT IS A GOOD SUGGESTION THAT YOU ALL REMEMBER WHEN YOU'RE COMMUNICATING WITH THIRD PARTIES. NOW, HOW IS THERE'S ANOTHER WAY TO ALSO FORM A SERIAL MEETING, AND THAT'S THROUGH ELECTRONIC DEVICES, TEXTS, EMAILS.

AND THIS IS SOMETHING THAT HAS IMPLICATIONS NOT JUST FOR THE BROWN ACT, BUT ALSO POLITICALLY, BECAUSE WHAT WE HAVE FOUND WITH EMAILS IS THAT YOU MAY SEND AN EMAIL TO A THIRD PARTY CONSTITUENT ON AN ITEM WITHIN DISTRICT BUSINESS. ONCE YOU HIT SEND ON THAT EMAIL, YOU HAVE LOST CONTROL OVER THAT EMAIL ON CITY BUSINESS, THAT EMAIL ON DISTRICT BUSINESS.

THAT MAY BE A MATTER THAT'S COMING BEFORE THE BOARD. WHAT THAT THIRD PARTY OR THAT RECEIVER OF THE EMAIL DOES WITH THAT EMAIL YOU DON'T HAVE ANY CONTROL OVER. THEY MAY VERY WELL, AND I'VE SEEN THIS HAPPEN NUMEROUS TIMES.

SEND YOUR OPINION TO THE FULL BOARD ON AN ITEM THAT'S COMING TO THE BOARD.

THAT IS A BROWN ACT VIOLATION. SO ONE SUGGESTION WE SAY WITH REGARD TO EMAILS AND TEXTS IS THAT IT'S BEST THAT YOU NOT INCLUDE A LOT OF OPINIONS OR STATEMENTS ABOUT HOW YOU'RE GOING TO VOTE IN THOSE EMAILS. NOT ONLY COULD THEY BE THE POTENTIAL BROWN ACT EXCHANGES, BUT THEY AND THIS HAS HAPPENED AS WELL. EMAILS OFTENTIMES IF YOU'RE INVOLVED IN A VERY POLITICALLY CONTROVERSIAL ISSUE THAT IS A VERY SENSITIVE TOPIC FOR YOUR DISTRICT OR YOUR AGENCY, YOU WILL FIND THOSE POLITICALLY SENSITIVE EMAILS SOMETIMES POSTED ON THE FRONT OF A NEWSPAPER.

IT HAPPENS. AND SO WHAT THAT MEANS IS BE VERY CAREFUL, BE VERY CIRCUMSPECT ON WHAT YOU DRAFT IN AN EMAIL ABOUT DISTRICT BUSINESS, BECAUSE THAT EMAIL, ONCE YOU SEND IT, IS OUT OF YOUR CONTROL AND YOU DON'T KNOW WHAT'S GOING TO HAPPEN TO IT.

IT COULD BE, YOU KNOW, A PRECURSOR TO A BROWN ACT VIOLATION.

IT COULD BE ON THE COVER OF A NEWSPAPER. SO WE ASK THAT YOU THINK VERY CAREFULLY BEFORE YOU SEND EMAILS.

YOU NEVER WANT TO SEND AN EMAIL IN ANGER. AND I SUGGEST THAT IF YOU'RE SENDING AN EMAIL ON A VERY SENSITIVE TOPIC, THAT YOU PUT IT AWAY. THINK ABOUT IT, COME BACK TO IT AND SEND IT AGAIN.

WITH THAT UNDERSTANDING IN MIND THAT THIS EMAIL COULD BE USED FOR PURPOSES OTHER THAN FOR WHAT YOU'RE SENDING IT.

[01:00:14]

SO FACEBOOK IS ARGUABLY OPEN TO THE PUBLIC, AND SO COULD BE A PLATFORM THAT IS REQUIRED TO WHERE BOARD MEMBER S ARE REQUIRED TO ADHERE TO THE SOCIAL MEDIA COMMUNICATIONS.

HOWEVER, BOARD MEMBER S CAN COMMUNICATE WITH MEMBERS OF THE PUBLIC ON SOCIAL MEDIA TO PROVIDE INFORMATION OR ANSWER QUESTIONS, THAT TYPE OF THING, ON SOCIAL MEDIA. BUT AGAIN, ANY DIRECT COMMUNICATION WITH ANOTHER MEMBER ON A SOCIAL MEDIA PLATFORM IS PROHIBITED, AND IT CAN BE AS LITTLE AS LIKING A COMMENT OF ANOTHER MEMBER, YOU KNOW, WITH A THUMBS UP EMOTICONS.

BUT SO WE NEED, YOU KNOW, WE ALWAYS CAUTION MEMBERS OF LEGISLATIVE BODIES TO BE VERY CAREFUL WHEN THEY'RE ON A SOCIAL MEDIA PLATFORM ABOUT WHAT THEY POST AND WHERE THEY'RE PUTTING THEIR COMMENTS.

I HAVE A QUESTION ABOUT THAT. SO IF YOU SO SAY WE HAVE A RIBBON CUTTING OR SOMETHING LIKE THAT, NOT, YOU KNOW, NOT POLITICAL, NOT A DELIBERATION ON ANYTHING.

CAN WE SO THAT DOES THAT STILL APPLY? WE CANNOT COMMENT OR LIKE ANOTHER PERSON'S POST ON THOSE TYPES OF PUBLIC EVENTS.

GOOD QUESTION. BECAUSE THERE IS AN EXCEPTION UNDER THE BROWN ACT FOR WHEN WE'LL TALK ABOUT IT A LITTLE BIT PURELY SOCIAL OR CEREMONIAL EVENTS.

RIGHT. WHAT IS A MEETING? A MEETING IS NOT AN EXCEPTION TO THE MEETING IS PURELY SOCIAL OR CEREMONIAL EVENTS.

SO THAT'S NOT A MEETING PER SE. BUT THE SOCIAL MEDIA COMMUNICATIONS REQUIREMENTS UNDER THE BROWN ACT DON'T HAVE THAT SPECIFIC EXEMPTION.

IT'S JUST ANYTHING REGARDING AGENCY BUSINESS ON AN INTERNET BASED SOCIAL MEDIA PLATFORM.

SO A RIBBON CUTTING HOSTED BY THE AGENCY COULD ARGUABLY BE AGENCY BUSINESS.

SO BETTER MY RECOMMENDATION WOULD BE TO NOT COMMUNICATE WITH THAT MEMBER ON THAT ISSUE.

OKAY. SO DOES THAT MEAN YOU CAN'T LIKE YOU KNOW, HOW YOU TAG PICTURES? CAN YOU TAG YOUR OTHER BOARD MEMBER S IN THE PICTURE OR YOU SHOULDN'T EVEN DO THAT.

TAGGING IS. WELL, THAT'S NOT IT'S NOT A COMMENT.

IT'S NOT A COMMENT, BUT I WOULD SAY IT'S A COMMUNICATION.

IT'S A, YOU KNOW, YOU'RE YOU ARE COMMUNICATING WITH THAT MEMBER IN SOME WAY ON SOCIAL MEDIA.

AND THAT IS DIRECT COMMUNICATION ON SOCIAL MEDIA.

AND AGAIN, IT'S AN INTERNET BASED SOCIAL MEDIA PLATFORM IS PROHIBITED.

YES. I UNDERSTOOD WHAT YOU SAID, BUT STILL WANT TO ASK WHAT IF.

WHAT ABOUT IF YOU KNOW, SOMEONE POSTS A JOB POSTING, WE'RE HIRING AT THE PARK.

SO YOU HAVE MAYBE, YOU KNOW, A MEMBER WHO TOOK THAT FROM THE PARK BECAUSE THE PARK POSTED IT ON LINKEDIN.

AND THEN ME AND LET'S SAY ONE OF THE MEMBERS THEN POSTED THAT, THEN I RESHARED I SHARED IT TO GO OUT TO THE COMMUNITY.

SO IS THAT LIKE AGENCY BUSINESS OR. SO I THINK IT IS AGENCY BUSINESS BECAUSE IT RELATES TO THE, YOU KNOW, EMPLOYMENT CONDUCT, THE EFFORTS BY THE AGENCY TO HIRE THAT'S AGENCY BUSINESS.

RIGHT. SO I THINK IT WOULD FALL WITHIN THE AGENCY BUSINESS CATEGORY.

WHETHER IT'S A DIRECT COMMUNICATION BY ANOTHER MEMBER.

IT IS POSTED AND YOU'RE SHARING IT. SO I THINK IT WOULD BE BETTER I THINK IT WOULD BE PROHIBITED UNDER THE BROWN ACT AND WOULD BE BETTER TO GO TO THE AGENCY'S WEBSITE, GET THAT LINK DIRECTLY, AND YOU CAN POST IT DIRECTLY ON YOUR OWN SOCIAL MEDIA PAGE, RATHER THAN SHARING ANOTHER MEMBERS SOCIAL MEDIA PAGE.

OKAY, SO HOW ABOUT ANOTHER EMPLOYEE? SO ANOTHER EMPLOYEE IT'S OKAY IF THEY POST ON THEIR DEPARTMENT, BUT WHENEVER WE WANT TO SHARE A POST, WE NEED TO GO BACK TO THE AGENCY ITSELF, RIGHT? SO IT'S ONLY THE COMMUNICATION BETWEEN MEMBERS.

SO IF IT'S YOU'RE SHARING OR POSTING ANOTHER COMMUNICATION BY ANOTHER MEMBER, THEN THAT'S PROBLEMATIC.

[01:05:07]

YES. I THINK THAT SOMETIMES THAT DIFFERENCE BETWEEN THE FIRST BULLET THAT WE CAN COMMUNICATE ON SOCIAL MEDIA AND PROVIDE INFORMATION . I CAN POST COME NEXT WEEK WHERE, YOU KNOW, HAVING A PRESENTATION ON THE BROWN ACT, DON'T MISS IT OR COME TO THE SECOND CENTURY PLAN.

BUT AND WE CAN EACH DO THAT INDIVIDUALLY, RIGHT? WE'RE NOT DELIBERATING AMONGST OURSELVES. WE'RE JUST SHARING INFORMATION AND ASKING THE PUBLIC TO PARTICIPATE.

RIGHT. AND THEN BACK TO THE SLIDES BEFORE. AND SOMETIMES I THINK THIS IS EITHER MISUSED TO LIKE THEN PEOPLE LIKE, WELL, WHY DIDN'T YOU TELL US ABOUT THE MEETING AND BE LIKE, OH, I WAS AFRAID OF THE BROWN ACT, BUT I'M NOT AFRAID OF THE BROWN ACT.

I CAN INDIVIDUALLY AND DIRECTLY. AND TO DIRECTOR ESPAÑA'S COMMENT SHARE WE HAVE A JOB POSTING.

WE HAVE AN UPCOMING MEETING. WE HAVE YOU KNOW, I THINK I SAW SOMETHING RECENTLY PARTICIPATED IN THE PARKS FUTURE OR SOMETHING.

WHAT HAPPENS IS IF WE START IN THE BULLETS COMMENTING ABOUT IT OR CAN'T WAIT OR I'M ALL FOR THIS, YOU KNOW? RIGHT. SO YEAH, THAT'S EXACTLY RIGHT.

ON THE OTHER THOUGH, LIKE RIGHT NOW, I THINK WE'RE ALL BEING PROBABLY ASKED PARTICULARLY THE NEW DIRECTORS TO MEET WITH THE PUBLIC, LET'S SAY THE BICYCLE COALITION AND OR THE UNIONS.

I CAN DO THAT AS LONG AS I DON'T DELIBERATE OR SAY AT THOSE MEETINGS HOW I'M GOING TO VOTE, PARTICULARLY IF I SHARE WITH ANOTHER, OR BECAUSE THERE'S EVEN IF I GO TO THESE MEETINGS, I HAVE TO BE IN LISTENING MODE IS, I THINK, THE DIFFERENCE. SO I COMMUNICATE, I CAN PARTICIPATE, I PARTICIPATE, I CAN GET INFORMATION FROM THEM.

THE BIG DIFFERENCE, AND SOMETIMES I'M TOLD IN MY FORMER POSITION TOO, AN A LITTLE BIT STARTING HERE.

OH, DON'T GO MEET WITH THEM. THAT'S VERY DIFFERENT THAN GO LISTEN, GATHER, SOLICIT.

JUST DON'T GO. I MEAN, WE SHOULDN'T BE DISCOURAGED FROM MEETING WITH THE PUBLIC.

AND I NEVER DISCOURAGE ANY OF THE ELECTED OFFICIALS THAT I WORK WITH TO DISCOURAGE THEM FROM MEETING WITH THEIR COMMUNITY, THEIR CONSTITUENTS, OR ANYBODY INVOLVED IN THE AGENCY BUSINESS.

I THINK YOUR RESPONSE IS WHAT I USUALLY SAY, WHICH IS BE IN LISTENING MODE, RIGHT.

YOU ARE NOT THERE TO OFFER OPINIONS BECAUSE THEORETICALLY, YOU SHOULDN'T HAVE AN OPINION UNTIL YOU'RE VOTING ON THE BOARD.

SO BUT BY THE SAME TOKEN, WHAT DOES YOUR COMMUNITY WANT.

YOUR COMMUNITY WANTS FIRST AND FOREMOST. AND THIS IS WHAT I'VE LEARNED OVER THE DECADES THAT I'VE BEEN DOING THIS.

THEY WANT TO BE HEARD. THEY UNDERSTAND THAT YOU MAY NOT PROVIDE THEM WITH A DECISION THAT THEY'RE GOING TO AGREE WITH.

BUT THE MOST CONTENTIOUS HEARINGS AND THE MOST CONTENTIOUS DECISIONS THAT I SEE IS WHEN THE COMMUNITY FEELS THAT THE DECISION WAS RUSHED, THAT THEY WEREN'T HEARD, THAT ALL POTENTIAL ALTERNATIVES WERE DISCUSSED AND THOROUGHLY DEBATED AND DISCUSSED.

THAT IS WHAT THEY WANT. THEY WANT TO KNOW THAT THE DECISION IS ROBUSTLY DECIDED.

DOESN'T MEAN THAT YOU HAVE TO PROVIDE YOUR OPINIONS TO EVERYBODY WHO ASKS YOU FOR AN OPINION.

MY RECOMMENDATION IS FOR BASICALLY EVERYTHING RELATED TO THE BROWN ACT.

AND FRANKLY, FOR RUNNING DISTRICT BUSINESS IS TO LISTEN.

ALWAYS LISTEN ALWAYS BE AVAILABLE. YOU KNOW, A, YOU KNOW, A TOOL THAT ANOTHER TOOL THAT I GIVE IN A LOT OF MY ORIENTATIONS TO NEW BOARD MEMBER S OR COUNCIL MEMBER S IS ALWAYS HAVE A NOTEBOOK OR SOMETHING WITH YOU WHEN YOU ARE MEETING CONSTITUENTS SO THAT YOU ARE TAKING NOTES, BECAUSE THAT IS THAT'S WHAT YOU'RE DOING. YOU'RE GATHERING INFORMATION.

AND WHEN THEY SEE YOU TAKING NOTES, THEY BELIEVE THAT YOU'RE LISTENING TO THEM.

IT'S VERY POWERFUL. BUT TO ANSWER YOUR QUESTION, YES, YOU ABSOLUTELY SHOULD GO AND MEET WITH THIRD PARTIES AND CONSTITUENTS. JUST KEEP IN MIND YOU ARE IN LISTENING MODE.

AND IF YOU ARE GOING TO ONE OF THESE MEETINGS, IF I WOULD ALWAYS ASK BEFORE YOU ATTEND, JUST MAKE SURE THAT WE DON'T VIOLATE THE BROWN ACT. AND PLEASE DON'T TELL ME IF YOU'VE HAD ANY DISCUSSIONS WITH ANY OF THE BOARD MEMBER S.

JUST ONE FURTHER ON THAT. AN EXTREME THING HAPPENED RECENTLY IN THE PUBLIC WHERE A COUNCIL MEMBER POSTED ON NOT ME, NOT ANYONE HERE, JUST OUT IN THE BAY AREA. HEY, WE HAVE THIS ON OUR AGENDA ON TUESDAY.

[01:10:04]

BUT I WAS SAYING ASKING FOR IT TECHNICALLY WASN'T.

THE VIOLATION BECAME IF THE OTHER COUNCIL MEMBER S STARTED SAYING WHAT THEIR VOTES WERE.

RIGHT. LIKE TECHNICALLY I THOUGHT THAT WAS EXTREME. AND PERHAPS EVEN, YOU KNOW, OPERATING PROCEDURES ARE UNPROFESSIONAL, BUT THAT WASN'T A VIOLATION OF THE BROWN ACT THAT DID NOT CREATE THE BROWN ACT VIOLATION.

BUT I WOULD HAVE BEEN SENDING AN EMAIL TO THE REST OF THE BOARD OR THE COUNCIL SAYING, PLEASE DO NOT RESPOND.

YEAH. SO AND JUST AS A REMINDER, THIS IS A VERY NARROW REQUIREMENT FOR SOCIAL MEDIA COMMUNICATIONS.

THE BROWN ACT DOES CONTEMPLATE, AND I THINK WE'VE DISCUSSED THE ONE ON ONE COMMUNICATIONS BOARD MEMBER S CAN COMMUNICATE ONE ON ONE WITH EACH OTHER, SO LONG AS THEY DON'T PROHIBIT, THEY DON'T CONDUCT A SERIAL MEETING, WHICH WAS DISCUSSED EARLIER.

BUT THIS RULE REGULATION IS SPECIFIC TO SOCIAL MEDIA COMMUNICATIONS, AND IT DOES PROHIBIT THAT ONE ON ONE DIRECT COMMUNICATION BETWEEN BOARD MEMBER S.

OKAY. YES. THIS COMES UP PERIODICALLY. WHAT IF WE WANT TO SHARE A NEWSPAPER ARTICLE WITH EACH OTHER WITHOUT COMMENT JUST HERE.

CAN I TAKE THAT? WELL, THAT QUESTION ACTUALLY DOES COME UP A LOT JUST YESTERDAY.

I USUALLY ADVISE THAT THEY SUBMIT THAT THROUGH THE BOARD, TO THE BOARD, THROUGH THE GENERAL MANAGER , BECAUSE TO THE PRIOR QUESTION, NO, I DON'T THINK THAT THAT ALONE CREATES A BROWN ACT VIOLATION.

THE CONCERN IS YOU DON'T KNOW WHAT THE REST OF YOUR BOARD MEMBER S MAY DO UNINTENTIONALLY.

AND THE WAY I'VE SEEN THIS PLAY OUT IS I'VE SEEN AN INFORMATIONAL.

FYI EMAIL. THAT'S IT. JUST AN EMAIL WITH THE FYI.

ANOTHER COUNCIL MEMBER WOULD THEN RESPOND BACK.

WELL, I THINK WE SHOULD DO THIS TO THE WHOLE COUNCIL THAT IS A BROWN ACT VIOLATION.

OKAY YES. YEAH. GO AHEAD. YEAH. FOR THE NEWSPAPER ARTICLES, CAN WE ALSO WORK WITH OUR CLERK OF THE BOARD TO SEND THAT OUT TO THE BOARD? SURE, SURE.

YEAH. YEAH. AND JUST TO THAT POINT SO OFTENTIMES LIKE MICHELLE MENTIONED, MEMBERS WILL WANT TO DISTRIBUTE INFORMATION.

AND THEY SAID WELL IT'S JUST REALLY IT'S JUST FACTUAL INFORMATION.

AND THAT MAY BE TRUE. BUT WHEN IT'S COMING FROM A MEMBER OF THE LEGISLATIVE BODY, IT IMPLIES THAT THEY ARE EITHER A PROPONENT OF WHAT THEY'RE SENDING OR AN OPPONENT OF WHAT THEY'RE SENDING. SO IT TAKES ON MORE THAN FACTUAL INFORMATION WHEN IT'S BEING SENT BY A MEMBER OF THE LEGISLATIVE BODY.

AND THAT'S ANOTHER REASON WHY WE RECOMMEND THAT IT BE SENT BY STAFF OR THE MANAGER, DISTRICT MANAGER.

OKAY. I HAVE A QUESTION. THIS KIND OF GOES A LITTLE FURTHER BACK, BUT AT THE END OF THE BOARD MEETINGS, WE SHARE EVERYONE WHO WE MET WITH, AND WE TELL A LITTLE BIT ABOUT AS FAR AS WHAT WE MET WITH THEM ABOUT.

RIGHT? IS THAT CONFERRING WITH OTHER BOARD MEMBER S BECAUSE NOW WE ALL KNOW WHO'S MEETING WITH AND WHAT TOPIC WE'RE SHARING. OH, DURING THE REPORTS SECTION OF THE MEETING FOR .

YEAH. SO THE BROWN ACT DOES ALLOW MEMBERS OF A LEGISLATIVE BODY TO PROVIDE.

AND I'M TRYING TO GET TO THAT SLIDE TO PROVIDE A BRIEF SUMMARY OF AN ANNOUNCEMENT ON REPORT OR ACTIVITIES.

SO THAT ALLOWS YOU THE OPPORTUNITY TO PROVIDE INFORMATION TO YOUR FELLOW MEMBERS ABOUT ACTIVITIES THAT YOU'VE UNDERTAKEN ON BEHALF OF THE BOARD OR RELATED TO BOARD ACTIVITIES OR BUSINESSES, SO THAT THEY'RE AWARE OF WHAT'S GOING ON.

BUT IF I HAD EMAILED THEM THAT PRIOR TO THE BOARD THAT I WAS MEETING WITH A PERSON ON A CERTAIN TOPIC, THAT WOULD BE A VIOLATION. SO IF I UNDERSTAND WHAT THE HYPOTHETICAL THAT YOU'RE DESCRIBING.

IF YOU'RE TALKING ABOUT AT A BOARD MEETING, DISCUSSING ABOUT THE MEETINGS AND THE DISCUSSIONS THAT YOU'VE HAD WITH ANOTHER BOARD MEMBER , THAT DOES NOT CREATE A BROWN ACT VIOLATION. IF YOU'RE TALKING ABOUT IF YOU HAVE THOSE COMMUNICATIONS OUTSIDE OF THE BOARD MEETING WITH

[01:15:04]

BUT SIMPLY RELAYING IT DURING A BOARD MEETING, THAT WOULD NOT BE A BROWN ACT VIOLATION.

LET'S GET ANOTHER ONE. I CAN'T HELP MYSELF. GO.

SO LET'S SAY BUILDING ON THAT, I SAY, OH, I REPORTED WITH COMPANY XYZ ABOUT THE LANDSLIDE OR THIS RESIDENCE OR A HOMEOWNERS ASSOCIATION ABOUT THIS LANDSLIDE ON THE TRAIL.

AND I THINK WE NEED TO HAVE A CLOSED SESSION ABOUT THIS.

SO IT'S A COMBINATION OF REPORTING OUT IN FUTURE ITEMS. AND THEN THE ISSUE OF WHEN IS IT CLOSED AND WHAT HAVE I JUST REVEALED IF THERE'S A LITIGATION RISK.

IF I SAY, YOU KNOW, SUE SMITH, CAN YOU TELL ME MORE.

BECAUSE THAT'S WHEN I GET REALLY CONFUSED. DO YOU WANT TO REPORT OUT THIS PERSON CALLED ME, OR THEY WANT ME TO PURCHASE THEIR LAND OR THEY'RE GOING TO SUE US? OR I MEAN, HOW DO YOU HANDLE A SITUATION LIKE THAT? AND WHEN DOES IT GET GRAY THAT IT'S NOT JUST I MET WITH THIS PERSON? WELL, I'M NOT GOING TO TELL YOU THEIR NAME BECAUSE THEY'RE SUING US.

I MEAN, THAT'S WHERE I GET REALLY CONFUSED. AND I WOULD SAY ANYTHING THAT YOU HAVE QUESTIONS ABOUT THAT COULD BE POTENTIAL LITIGATION YOU WOULD WANT TO TALK TO LYNNE YOUR GENERAL COUNSEL BEFORE THE MEETING.

MY SUGGESTION OTHERWISE. DO IT PUBLICLY SAYING AT ALL NEVER. AND I THINK WE NEED TO PUT THIS ON A CLOSED SESSION. YEAH. NO, BECAUSE I JUST SAID OKAY. RIGHT.

BECAUSE THAT IF SOMEBODY CAME TO YOU AND SAID, I'M GOING TO SUE YOU, THAT IS A BASIS FOR A CLOSED SESSION, BUT IT'S NOT A BASIS FOR THE CLOSED SESSION SPECIFIC DETAIL TO BE LISTED ON THE AGENDA.

SO IT WOULD NOT BE. SO I WOULDN'T WANT YOU TO MAKE ANY SORT OF PUBLIC STATEMENT ABOUT THAT INFORMATION.

I WOULD WANT YOU TO CALL THE GENERAL COUNSEL FIRST AND THE GENERAL MANAGER .

SO THERE IS SOME CARE OF WHEN WE'RE REPORTING OUT, LIKE.

YES.

AND I REPORT THAT OUT AT CLOSED SESSION, LIKE RIGHT THERE THAT'S.

YES. YOU WOULD NOT THESE BRIEF REPORTS IDEALLY ARE TO REPORT ON MEETINGS THAT YOU'VE ATTENDED, ESPECIALLY IF YOU'VE BEEN, YOU KNOW, COMPENSATED IN ANY WAY BY FOR TRAVELING BY THE DISTRICT.

THOSE ARE, YOU KNOW, LEGALLY MANDATED THAT YOU REPORT THOSE THAT'S THE INTENT.

NOW, WHAT BOARD MEMBER S AND COUNCIL MEMBER S TEND TO DO IN THEIR BRIEF REPORTS OUT IS THEY TEND TO DESCRIBE OTHER MEETINGS THAT THEY'VE BEEN TO ON BEHALF OF THE DISTRICT SINCE THE LAST MEETING. THAT'S ALSO APPROPRIATE, BUT GETTING INTO MUCH MORE DETAIL ABOUT SPECIFIC ISSUES, ESPECIALLY IF THEY ARE POTENTIAL FOR LITIGATION, I WOULD NEVER RECOMMEND THAT YOU REPORT OUT ON THOSE.

AND ALSO I GUESS ALSO UNDER FUTURE AGENDA ITEMS, I MEAN, THERE WOULD BE SOME CARE IF THERE'S.

CORRECT. I WOULD NEVER ASK. I WOULD NEVER WANT TO SEE BOARD MEMBER S REQUEST TO PUT A CLOSED SESSION ITEM ON THE AGENDA IN PUBLIC MEETINGS. I WOULD PREFER THAT THEY DO THAT PRIVATELY WITH THE GENERAL COUNSEL AND THE GENERAL MANAGER .

BUT WHAT IF THERE'S A DISAGREEMENT WITH GENERAL COUNSEL ? I KNOW THAT THAT LAST FALL THERE WAS A CLOSED SESSION ITEM THAT I REALLY WANTED TO HAVE ON THE AGENDA, AND GENERAL COUNSEL AND I DISAGREED. AND SO THERE IS A PROVISION IN THE BROWN ACT THAT DOES ALLOW FOR THE BOARD TO REQUEST A CLOSED SESSION AGENDA ITEM.

WELL, AND YOU COULD FOLLOW YOUR OWN PROCEDURES, RIGHT, THAT ALLOW HOW DO YOU PUT PLACE ITEMS ON THE AGENDA.

AND THAT'S THE PROCEDURE THAT YOU COULD FOLLOW. YOU COULD DO THAT.

REMEMBER ALL OF THIS ADVICE. YOU KNOW, NUMBER ONE.

AND I KNOW I'VE SPOKEN TO LYNNE AND I KNOW THIS IS TRUE FOR HER AS WELL.

WE DON'T TELL YOU, NO, YOU CANNOT DO SOMETHING THAT WE'RE NOT PROHIBITING YOU FROM DOING ANYTHING.

WHAT WE'RE DOING IS WE ARE JUST LEGAL ADVISERS.

WE ARE TELLING YOU THE RISKS ASSOCIATED WITH THAT ACTION.

SO THE EXAMPLE THAT YOU JUST GAVE WITH REGARD TO, YOU KNOW, I YOU KNOW, I WANT TO PLACE A MATTER ON THE CLOSED SESSION AND YOUR DISCUSSIONS WITH THE GENERAL MANAGER AND THE GENERAL COUNSEL OR THE BOARD PRESIDENT ARE NOT SUCCESSFUL IN GETTING THAT CLOSED SESSION SCHEDULED.

THEN YOU COULD FOLLOW YOUR PROTOCOLS FOR ADDING AN ITEM TO THE AGENDA AND THAT WOULD HAPPEN.

IT'S NOT THAT ISN'T A VIOLATION OF THE BROWN ACT.

IT'S JUST I'M CONCERNED BECAUSE IF IT'S POTENTIAL LITIGATION YOU HAVE, YOU'RE ANNOUNCING IT TO THE PUBLIC WHERE YOU MAY NOT HAVE TO DO THAT OTHERWISE

[01:20:09]

IT'S DONE BEHIND THE SCENES BY TWO MEMBERS GOING TO THE BOARD PRESIDENT AND THEN THE BOARD PRESIDENT CONFERRING WITH THE GENERAL MANAGER .

OR IF IT'S A CLOSED SESSION ITEM, I WOULD BE INCLUDED.

SO I JUST WANT TO MAKE IT CLEAR YOUR CONCERN ABOUT CONFIDENTIALITY IS PRESERVED BY THE PROCEDURES THAT WE HAVE IN OUR OPERATING GUIDELINES.

AND THEN JUST ONE OTHER POINT OF CLARIFICATION FOR THIS BOARD, IN TERMS OF IF IT'S A COMPENSATED MEETING AND YOU'RE REPORTING OUT BECAUSE YOU WERE COMPENSATED TO TRAVEL OR GO TO A MEETING, YOU CAN ALSO DO THAT REPORTING OUT IN WRITING.

IT DOESN'T HAVE TO ACTUALLY BE AT OUR PUBLIC MEETING.

AND JUST TO ADD THANK YOU FOR THAT CLARIFICATION.

SO FOR YOUR EXAMPLE, WHAT YOU WOULD DO, MY PREFERENCE WOULD BE THAT YOU SPEAK TO ONE OTHER BOARD MEMBER , WHICH YOU CAN DO. SEE IF THEY ARE IN WANT TO PLACE THAT ITEM ON THE AGENDA.

THEN THAT'S HOW YOU WOULD GET THAT ON THE AGENDA, BUT NOT BY PLACING IT ON THE AGENDA IN A PUBLIC MEETING.

SO FOR ME, YOU KNOW, THIS PLAYED OUT ON THE FRONT PAGE OF THE LOCAL NEWSPAPER.

AND YOU KNOW, I ACTUALLY DID WANT TO MAKE SURE THAT IT CAME FORWARD IN A PUBLIC MEETING JUST BECAUSE, YOU KNOW, IF WE DIDN'T GET IT AGENDIZED, I WANTED MY COMMUNITY TO KNOW THAT IT WAS SOMETHING THAT I THOUGHT WAS IMPORTANT FOR US TO TAKE ON AND AGENDIZE, EVEN IF IT DIDN'T GET ON THE AGENDA. AND YOU KNOW, THAT THAT IS, YOU KNOW, A BOARD MEMBER 'S PREROGATIVE TO DO THAT.

AND WE'RE NOT HERE TO TELL YOU THAT YOU CAN'T.

I'M NOT HERE TO TELL YOU THAT THAT WOULD BE A VIOLATION OF THE BROWN ACT, EITHER.

OKAY.

SO WE'RE GOING TO TALK A LITTLE BIT ABOUT WHAT OUR NON MEETINGS AND ALLOWED MEETINGS UNDER THE BROWN ACT THAT ARE NOT REQUIRED TO COMPLY WITH THE AGENDIZING STANDARDS IN THE BROWN ACT.

SO I THINK WE TALKED ABOUT THIS BEFORE, BUT ONE ON ONE COMMUNICATIONS WITH DISTRICT STAFF ARE ACCEPTABLE, AND A DISTRICT EMPLOYEE MAY ALSO ENGAGE IN SEPARATE COMMUNICATIONS WITH MEMBERS OF THE BOARD, OR ANSWER QUESTIONS OR PROVIDE INFORMATION TO THE BOARD AS A WHOLE, SO LONG AS IT DOESN'T COMMUNICATE TO MEMBERS OF THE LEGISLATIVE BODY THE COMMENTS OR POSITIONS OF OTHER MEMBERS OF THE BODY. SO OFTENTIMES, THE DISTRICT MANAGER OR OTHER STAFF WILL SEND SOMETHING OUT TO THE BODY AS A WHOLE. AND THAT'S ALLOWED SO LONG AS THE STAFF MEMBER DOESN'T COMMUNICATE THE OPINIONS OF ANY OF THE BOARD MEMBER S OR THE POSITIONS OF ANY BOARD MEMBER S. AND HOPEFULLY IT'S DONE VIA BCC SO THAT YOU CAN AVOID HAVING A REPLY ALL INCIDENT SO THAT THERE'S NO ISSUE OF VIOLATING THE BROWN ACT THROUGH SERIAL MEETINGS.

NON MEETINGS ARE EXCEPTIONS. WE HAVE A QUESTION I'M SORRY.

HERE. YES. SO THERE IS A SITUATION IN TERMS OF OUR MEETING WITH STAFF THAT I THINK IS DIFFICULT FOR STAFF.

AND I JUST WANT TO KNOW IF MY MEMORY IS OF A CONCERN IS CORRECT THAT HOW SHOULD I WORD THIS? THE. STAFF HAS TO BE CAREFUL NOT TO MAKE DECISIONS BASED ON INDIVIDUAL CONVERSATIONS WITH A MAJORITY OF THE BOARD. CORRECT.

THAT'S. I DON'T KNOW IF THAT'S SPOKEN HUB OR WHATEVER ONE OF THOSE ARE, BUT THERE DO ARISE OCCASIONS WHERE STAFF TRULY WANTS TO GET A COMFORT LEVEL WITH WHAT APPROACHES OR ATTITUDES EXIST AMONG THE BOARD OF DIRECTORS . HOW DO THEY DO THAT WITHOUT ARRIVING AT A DECISION THAT INVOLVES A QUORUM OF THE BOARD? WELL, THE STAFF CAN HEAR THE OPINION OF EACH BOARD MEMBER AND WHAT THE BOARD MEMBER IS THINKING ABOUT OR CONSIDERING IN PREPARATION FOR A MEETING, FOR EXAMPLE. RIGHT. BUT STAFF CAN'T RELAY TO ANY MEMBER WHAT THE OTHER MEMBER IS THINKING OR CONSIDERING OR CONCERNED

[01:25:07]

DURING THOSE ONE ON ONES, HOPEFULLY STAFF IS EXPLAINING SOME TECHNICAL ISSUES OR CONSIDERATIONS ABOUT THAT ITEM.

AND STAFF IS HEARING FROM YOU, YOUR QUESTIONS, YOUR CONCERNS, YOUR ISSUES.

BUT STAFF CAN'T UNDER THE BROWN ACT, RELATE TO YOU.

WELL, I'VE GOT THREE OTHER MEMBERS THAT ARE NOT CONCERNED ABOUT LANDSLIDES.

SO DON'T WORRY ABOUT IT. THEY CAN'T RELATE TO YOU THE OPINIONS OR CONSIDERATIONS OF OTHER MEMBERS.

YEAH, THAT ISN'T THE QUESTION I THINK I'M TRYING TO GET TO IS HOW DOES STAFF AVOID ACTING? SO GUIDEBOOKS THAT I'VE READ HOLD THE EXAMPLE OF A CITY MANAGER WHO TALKS TO EACH OF THE MEMBERS OF A CITY COUNCIL TO GET A COMFORT LEVEL WITH POTENTIAL DIRECTION THAT THE CITY MANAGER WANTS TO TAKE.

WELL, THAT COULD BE A PROBLEM. IT IT COULD BE A PROBLEM IF THE ACTION IS AN ACTION THAT NEEDS TO BE TAKEN FORMALLY BY THE BOARD. RIGHT? SO WHAT I USUALLY SAY BECAUSE THE REALITY IS YOUR GENERAL COUNSEL AND YOUR GENERAL MANAGER GENERALLY KNOW BEFORE THE VOTE IS TAKEN WHERE IT'S LIKELY TO END UP SIMPLY BECAUSE THEY HAVE SPOKEN TO EVERY SINGLE BOARD MEMBER .

I KNOW THAT I GENERALLY DO KNOW IN MY CITIES HOW CERTAIN VOTES ARE GOING TO PLAY OUT, BECAUSE I HAVE HAD A CONVERSATION WITH EVERY COUNCIL MEMBER .

NOW THEY DON'T KNOW HOW IT'S GOING TO PLAY OUT.

IF I WERE TO LET THEM KNOW THAT I THINK THAT THERE'S A MAJORITY OF COUNCIL MEMBER S OR BOARD MEMBER S WHO ARE GOING TO VOTE A CERTAIN WAY, I WOULD BE CREATING A BROWN ACT VIOLATION. AND SO THAT'S WHY DISTRICT STAFF AND, YOU KNOW, LOCAL AGENCY STAFF ARE WELL TRAINED TO AVOID THAT.

AND THAT'S ON US. BUT THAT IS NOT SOMETHING THAT THE BOARD SHOULD WORRY ABOUT BY HAVING INDIVIDUAL CONVERSATIONS WITH ANY MEMBER OF THE DISTRICT STAFF.

OKAY. VERY GOOD. THANK YOU. WHAT IF THAT ENDS UP CHANGING THE STAFF REPORT BECAUSE WE'VE GONE AROUND AND FOR EXAMPLE, WE KNOW THREE PEOPLE CARE ABOUT LANDSLIDES AND THE REST DON'T. SO IT DOESN'T GET PRESENTED AS A RECOMMENDATION OR AN OPTION OR I MEAN, DOESN'T IT GET A LITTLE TRICKY THERE ON HOW THE ONE ON ONES END UP GETTING PORTRAYED IN A THAT I HAVE NEVER HAD THAT SITUATION ACTUALLY ARISE TO THE POINT WHERE I WOULD EVEN BE AWARE OF IT.

RIGHT. AND I THINK THAT'S THE REALITY. I MEAN, MIGHT THOSE CONVERSATIONS PLAY INTO HOW THE STAFF REPORT IS WRITTEN? POSSIBLY. BUT I CAN TELL YOU IN , YOU KNOW, MOST CASES THE STAFF REPORT IS BEING WRITTEN BY YOU KNOW, NOT THE GENERAL MANAGER AND NOT THE DISTRICT COUNCIL.

THOSE SO YOU'RE COMMUNICATING NOT WITH THE AUTHOR OF THE STAFF REPORT.

YOU ARE GENERALLY COMMUNICATING WITH THE GENERAL MANAGER OR THE DISTRICT COUNCIL WHO THEY OBVIOUSLY OR THEY MAY I'M SURE THE GENERAL MANAGER WILL REVIEW ALL THOSE STAFF REPORTS JUST TO COUNCIL MAY OR MAY NOT REVIEW THE STAFF REPORT, BUT THEY AREN'T THE AUTHOR.

SO I DON'T KNOW THAT THAT SITUATION COULD PRACTICALLY PLAY OUT UNLESS THE MANAGER WERE SPECIFICALLY INTENDING TO SWAY, YOU KNOW OTHER BOARD MEMBER S.

THERE WOULD BE NO REASON FOR DOING THAT, RIGHT? I MEAN, HE KNOWS HE MAY. HE OR SHE MAY POSSIBLY KNOW HOW THE VOTE IS GOING TO HANDLE, HOW IT'S GOING TO BE ACTED UPON. BUT WILL THAT GET INTO THE DRAFTING OF A STAFF REPORT? I DON'T KNOW, BUT I, I DON'T I'M NOT CONCERNED ABOUT THAT.

I'VE NEVER BEEN ASKED THAT QUESTION. I'VE NEVER SEEN IT PLAY OUT THAT WAY.

AND THAT'S THE BEST I CAN DO TO ANSWER THAT QUESTION.

I JUST, I GUESS THEN IF THE PUBLIC GOT THE OPPORTUNITY TO DISCUSS, LET'S KEEP WITH THE LANDSLIDES ISSUE AND EIRS BECAUSE IF SOMEONE

[01:30:03]

THEN THE PUBLIC, I MEAN, THE BROWN ACT IS TO PROTECT THE PUBLIC DOESN'T HAVE THE OPPORTUNITY PERHAPS TO HEAR THAT.

ANYWAY, WE CAN PONTIFICATE A LOT, BUT I JUST SOMETIMES I HAVEN'T BEEN INVOLVED WITH SO MANY ONE ON ONE'S.

SO, IT'S INTERESTING THE THINGS I'M THINKING.

AND I WOULD SAY THAT IF TRUE, THE BROWN ACT IS THERE TO PROTECT THE PUBLIC, TO MAKE SURE THAT ALL BUSINESS IS CONDUCTED TRANSPARENTLY. WHAT I WOULD SUGGEST IN THAT WAY, MAYBE WHAT AND I DON'T KNOW THAT IT'S PLAYED OUT THIS WAY, BUT WHAT I HAVE SEEN HAPPEN ON STAFF REPORTS WHERE IT SEEMS CLEAR TO ME BECAUSE MAYBE I'VE HAD A LOT OF COMMUNICATIONS WITH, YOU KNOW, A MAJORITY OF COUNCIL MEMBER S AND I MAY KNOW WHERE A MAJORITY OF THEM ARE GOING, BUT I MAY HAVE, YOU KNOW, 1 OR 2 COUNCIL MEMBER S WHO ARE ASKING FOR MORE INFORMATION BECAUSE THE INFORMATION THAT THEY WANTED IN THE STAFF REPORT ISN'T IN THERE. AND SO A LOT OF TIMES ITEMS GET CONTINUED FOR MORE INFORMATION.

SO THERE IS A WAY FOR THE PUBLIC TO GET THE INFORMATION.

IT WOULD JUST BE INCUMBENT UPON A BOARD MEMBER TO RAISE THAT TO, YOU KNOW, THE ATTENTION OF THE DISTRICT MANAGER TO, YOU KNOW, ELABORATE MORE ON THE STAFF REPORT.

THANK YOU. OKAY. SO THESE ARE THE EXCEPTIONS TO THE MEETING REQUIREMENT.

SO THESE EXCEPTIONS ALLOW A MAJORITY OF MEMBERS TO ATTEND CERTAIN EVENTS.

SO THE FIRST ONE IS A CONFERENCE THAT IS RELATED TO THE BUSINESS OF THE AGENCY.

THE CONFERENCE HAS TO BE OPEN TO THE PUBLIC, AND IT MUST BE A DISCUSSION OF ISSUES OF GENERAL INTEREST TO THE PUBLIC OR TO PUBLIC AGENCIES OF THE TYPE REPRESENTED BY THE LEGISLATIVE BODY.

SO SOMETHING THAT IS OF INTEREST TO A LOT OF PEOPLE, NOT JUST THE BOARD MEMBER S.

THERE WAS A RECENT ATTORNEY GENERAL OPINION THAT LOOKED AT WHETHER A STATE OF A CITY EVENT HELD BY THE LOCAL CHAMBER OF COMMERCE WAS A CONFERENCE UNDER THE BROWN ACT MEETING THE EXCEPTION REQUIREMENTS.

AND THE ATTORNEY GENERAL SAID NO, THAT THAT EVENT MIGHT BE OF INTEREST TO RESIDENTS OF THE CITY, BUT IT'S NOT OF INTEREST TO ANYBODY OUTSIDE OF THE CITY.

AND SO IT WOULDN'T MEET THIS CONFERENCE EXCEPTION.

AT THESE EXCEPTED NON MEETINGS UNDER THE BROWN ACT A MAJORITY OF MEMBERS CANNOT DISCUSS AMONGST THEMSELVES ANYTHING THAT IS WITHIN THE SUBJECT MATTER JURISDICTION OF THE BODY.

SO EVEN IF YOU'RE AT A CONFERENCE AND THAT'S AN EXCEPTION TO THE BROWN ACT, A MAJORITY OF MEMBERS OF THE LEGISLATIVE BODY CANNOT, FOR EXAMPLE, SIT IN A CORNER OF THE ROOM TO DISCUSS BUSINESS OF THE BOARD AT THAT CONFERENCE.

THAT WOULD BE A VIOLATION OF THE MEETING REQUIREMENTS AND NOT FALL INTO THE EXCEPTION FOR CONFERENCES.

OKAY. THE NEXT EXCEPTION IS AN OPEN AND PUBLICIZED MEETING ORGANIZED BY A LOCAL PERSON OR ORGANIZATION ON A TOPIC OF LOCAL COMMUNITY CONCERN.

AGAIN, PROVIDED THAT A MAJORITY OF THE MEMBERS DO NOT DISCUSS AMONGST THEMSELVES THE BUSINESS OF THE BODY, AND THIS IS AN EXCEPTION THAT ONLY APPLIES TO MEETINGS ORGANIZED BY PEOPLE OR ORGANIZATIONS OTHER THAN THE LOCAL AGENCY.

SO OFTENTIMES STAFF WILL HOST COMMUNITY EVENTS, COMMUNITY WORKSHOPS.

THOSE TYPES OF MEETINGS WOULD NOT FALL UNDER THIS EXCEPTION BECAUSE THEY'RE ORGANIZED BY STAFF OF THE DISTRICT.

IT'S NOT TO SAY THAT MEMBERS CAN'T ATTEND, BUT IF THEY DO ATTEND, IF A MAJORITY OF THE MEMBERS ATTEND THOSE TYPES OF STAFF DRIVEN COMMUNITY MEETINGS, THEN IT WOULD HAVE TO BE AGENDIZED. ANOTHER EXCEPTION IS AN OPEN AND NOTICED MEETING OF ANOTHER BODY OF THE LOCAL AGENCY, OR MEETING OF A LEGISLATIVE BODY OF ANOTHER LOCAL AGENCY, AND AGAIN, PROVIDED THAT A MAJORITY OF THE MEMBERS DON'T DISCUSS AMONGST THEMSELVES BUSINESS OF THE BODY.

PURELY SOCIAL OR CEREMONIAL OCCASIONS ARE ALSO AN EXCEPTION TO THE BROWN ACT, SO THIS ALLOWS A MAJORITY OR ALL OF THE MEMBERS TO ATTEND A RIBBON CUTTING EVENT OR SOME OTHER TYPE OF CEREMONY, OR SOCIAL PURELY SOCIAL EVENT WHERE THE MEMBERS OF THE BODY ARE NOT

[01:35:02]

IT HAS TO BE PURELY SOCIAL OR CEREMONIAL. IT CAN'T BE PREDOMINANTLY SOCIAL OR MOSTLY SOCIAL.

IT HAS TO BE PURELY SOCIAL OR CEREMONIAL. AND I THINK MICHELLE HAS SOMETHING TO ADD.

AND I WOULD JUST ADD THAT THIS EXCEPTION ALWAYS BRINGS TO MIND AN EXAMPLE OF I HAD A COUNCIL THAT WAS PARTICIPATING IN A RIBBON CUTTING AND FOLLOWING THE RIBBON CUTTING.

THREE OF THEM STAYED AFTER THE RIBBON CUTTING.

PEOPLE WERE WALKING AWAY AND THE THREE OF THEM WERE DISCUSSING WHO KNOWS WHAT, BUT SOMEBODY TOOK A PICTURE OF THEM DISCUSSING AFTER THIS CEREMONY, SUBMITTED IT TO THE DISTRICT ATTORNEY, AND THAT BECAME A BROWN ACT COMPLAINT THAT I HAD TO INVESTIGATE AND RESPOND TO THE DISTRICT ATTORNEY. SO MY POINT BEING THAT APPEARANCES MEAN A LOT, EVEN WHEN YOU'RE AT CONFERENCES, EVEN WHEN YOU'RE AT CEREMONIAL EVENTS. THERE IS ALWAYS GOING TO BE THE APPEARANCE, EVEN IF YOU'RE NOT ENGAGED IN A BROWN ACT VIOLATION. SO JUST ALWAYS KEEP THAT IN MIND, OKAY? AN OPEN AND NOTICE MEETING OF A STANDING COMMITTEE OF THAT BODY IS ALSO A NON MEETING UNDER THE BROWN ACT, PROVIDED THOUGH, THAT MEMBERS OF THE BODY THAT ATTEND THAT ARE NOT MEMBERS OF THE STANDING COMMITTEE CAN ONLY ATTEND AS OBSERVERS.

SO IF A BOARD MEMBER WANTS TO GO TO A STANDING COMMITTEE MEETING, THEY CAN GO, BUT THEY CANNOT SAY ANYTHING AT THAT MEETING.

THEY CAN ONLY OBSERVE THAT MEETING. SO NOW WE'RE GOING TO TALK ABOUT CLOSED SESSIONS.

AND WHILE THE BROWN ACT IS PREMISED ON THE IDEA THAT THE PUBLIC GETS TO PARTICIPATE, SHOULD PARTICIPATE IN MEETINGS OF THE LEGISLATIVE BODY, THE BROWN ACT DOES RECOGNIZE THAT GOVERNING BODIES DO HAVE AN INTEREST THAT SHOULD BE PROTECTED THROUGH THESE CLOSED SESSIONS. THEY HAVE NO EXPOSURE.

THAT IS NOT THAT WOULD SUBJECT IT TO POTENTIAL LITIGATION OR SOME OTHER CLAIM IF IT WERE TO HAPPEN IN THE PUBLIC.

SO THEY DO ALLOW CLOSED SESSIONS FOR VERY SPECIFIC ISSUES AND TOPICS AUTHORIZED UNDER THE BROWN ACT.

SO SOME OF THOSE TOPICS INCLUDE REAL PROPERTY NEGOTIATIONS.

AND WITH EACH BROWN ACT TOPIC, THERE IS A SAFE HARBOR AGENDA HEADING THAT IS TYPICALLY USED TO ENSURE THAT THE CITY, OR TO ENSURE THAT THE LEGISLATIVE BODY IS NOT EXPOSED TO A CHALLENGE FOR HAVING THE CLOSED SESSION.

SO AGENDAS WILL TYPICALLY FOLLOW THE SAFE HARBOR, CLOSED HEADING AND THE FOR REAL PROPERTY NEGOTIATIONS, THE SAFE HARBOR HEADING MUST IDENTIFY NEGOTIATING PARTIES AND MUST BE LIMITED TO PRICE, TERMS OF PAYMENT OR BOTH.

SO THE DISCUSSION IN CLOSED SESSION CAN BE TO DISCUSS PRICE OF THE REAL PROPERTY.

TERMS OF PAYMENT OR BOTH. YOU CAN ALSO HAVE A CLOSED SESSION FOR PUBLIC EMPLOYEE MATTERS DISCIPLINE DISMISSAL RELEASE.

ALSO PUBLIC EMPLOYEE PERFORMANCE REVIEWS. YOU CAN MEET IN CLOSED SESSION TO DISCUSS THREAT TO PUBLIC SERVICES OR FACILITIES.

AND THAT INCLUDES CYBER ATTACKS. AND YOU CAN ALSO MEET IN CLOSED SESSION TO DISCUSS INITIATION OF LITIGATION, ANTICIPATED LITIGATION. AND THAT'S USUALLY THE PRIMARY REASON THAT A CLOSED SESSION WILL BE HELD IS TO DISCUSS INITIATION OF LITIGATION OR ANTICIPATED LITIGATION. BUT REAL PROPERTY, I THINK, IN YOUR BOARD IS QUITE FREQUENTLY HELD AS WELL.

SO DEPENDING ON THE TOPIC FOR CLOSED SESSION AND THE ACTION TAKEN IN CLOSED SESSION, THE BROWN ACT ALSO REQUIRES CERTAIN REPORTING REQUIREMENTS.

SO, FOR EXAMPLE, APPROVAL OF AN AGREEMENT CONCLUDING REAL ESTATE NEGOTIATIONS WOULD HAVE TO BE REPORTED AFTER THE CLOSED SESSION DISCUSSION TAKES PLACE.

THERE'S ALSO REPORT OUTS FOR OTHER ITEMS, SUCH AS GIVING LEGAL COUNSEL AUTHORITY TO DEFEND OR SEEK, OR REFRAIN FROM SEEKING APPELLATE REVIEW OR RELIEF IN ACCEPTANCE OF A FINAL SETTLEMENT OFFER SIGNED BY THE OPPOSING ATTORNEY.

VERY SPECIFIC REASONS WHY YOU WOULD REPORT OUT.

TYPICALLY, WHEN YOU MEET IN CLOSED SESSION, THERE ISN'T.

THERE AREN'T THOSE ACTIONS THAT ARE TAKEN THAT REQUIRE A REPORT OUT.

SO IF THERE ISN'T A REPORT OUT, IT'S MOST LIKELY BECAUSE IT WASN'T NECESSARY UNDER THE BROWN ACT.

[01:40:09]

AND IT THAT INFORMATION NOT BE RELEASED TO ANYONE THAT WAS NOT PARTICIPATING IN THE CLOSED SESSION.

SO WHEN WE MEET IN CLOSED SESSION, OFTENTIMES MEMBERS OF THE LEGISLATIVE BODY WILL GET A REMINDER FROM MYSELF OR OR MICHELLE ABOUT THE CONFIDENTIALITY OF THE DISCUSSION. CONFIDENTIAL INFORMATION MEANS ANY COMMUNICATION MADE IN CLOSED SESSION THAT IS SPECIFICALLY RELATED TO THE BASIS FOR CLOSED SESSION MEETING. THE SAME IS TRUE FOR ANY DOCUMENTS YOU RECEIVE IN CLOSED SESSION THAT ARE SPECIFICALLY PREPARED FOR THE PURPOSE OF THE CLOSED SESSION.

THOSE WOULD ALSO BE CONFIDENTIAL. SO BROWN ACT VIOLATIONS.

THERE ARE FOR ANY VIOLATIONS OF THE BROWN ACT, YOU CAN THERE ARE CERTAIN STEPS THAT A COMPLAINANT CAN TAKE TO ENFORCE THE BROWN ACT.

USUALLY IT'S EITHER THE DISTRICT ATTORNEY OR AN INTERESTED PARTY, AND THEY CAN REQUEST THAT YOU CURE AND CORRECT THE ACTION. AND IF IT'S NOT CURED AND CORRECTED, IT CAN INVALIDATE THE ACTION.

TO CURE AND CORRECT TYPICALLY WHAT WE WOULD GET IS A LETTER FROM EITHER THE DISTRICT ATTORNEY'S OFFICE OR AN INTERESTED PERSON IDENTIFYING THE VIOLATION AND REQUESTING THAT IT BE CURED AND CORRECTED.

THE LETTER MUST BE WITHIN 90 DAYS OF THE ACTION TAKEN, UNLESS IT WAS AN ACTION TAKEN IN OPEN SESSION, AND THEN THE TIME FRAME IS 30 DAYS. AND THEN ONCE THAT THAT DEMAND SECURE AND CORRECT IS RECEIVED.

THE LEGISLATIVE BODY HAS 30 DAYS TO CURE OR CORRECT, OR PROVIDE AN EXPLANATION OF WHY THEY THINK THAT IT DOESN'T NEED TO BE CURED OR CORRECTED SO YOU CAN RESPOND. THE BOARD COULD RESPOND SAYING THANK YOU FOR YOUR LETTER, BUT WE DON'T SEE ANY VIOLATION UNDER THE BROWN ACT.

WITHIN 15 DAYS OF THE RESPONSE, OR WITHIN 15 DAYS OF THE EXPIRATION OF THE 30 DAY PERIOD THE PLAINTIFF MUST COMMENCE AN ACTION TO INVALIDATE THE ACTION TAKEN BY THE BOARD.

SO IT'S A VERY NARROW TIME FRAME WITHIN WHICH SOMEONE HAS AN OPPORTUNITY TO DEMAND THAT THE BOARD DO SOMETHING DIFFERENT.

THERE ARE ALSO CIVIL ACTIONS THAT CAN BE INITIATED TO PREVENT FUTURE VIOLATIONS.

SO AN ACTION TO ORDER THE BOARD TO CEASE AND DESIST SOME TYPE OF VIOLATION UNDER THE BROWN ACT, THERE CAN BE CRIMINAL CHARGES WHERE A MEMBER INTENDS TO DEPRIVE THE PUBLIC OF INFORMATION TO WHICH THE MEMBER KNOWS OR HAS REASON TO KNOW THE PUBLIC IS ENTITLED TO THAT INFORMATION UNDER THE BROWN ACT, AND THAT WOULD BE A MISDEMEANOR, AND SO COULD RESULT IN CRIMINAL CHARGES AGAINST THE BOARD MEMBER . WITH THE CIVIL ACTION AND THE REQUEST TO CURE AND CORRECT, THERE COULD BE COSTS OF LITIGATION AND OR ATTORNEY'S FEES. SO THAT'S PRETTY SERIOUS WHEN WE GET THESE TYPES OF CURE AND CORRECT OR SOME DEMAND TO CEASE AND DESIST, COUNSEL TAKES IT VERY SERIOUSLY BECAUSE IT CAN COME WITH COSTS AND ATTORNEY'S FEES, AND OF COURSE, BECAUSE WE WANT TO ENSURE COMPLIANCE WITH THE BROWN ACT.

RIGHT. SO NOW THE FUN BEGINS. YES. SORRY. I'M REALLY SORRY, BUT JUST IN THE INTEREST OF TIME.

AND OF COURSE, IT'S UP TO THE BOARD. BUT I WAS THINKING THAT BECAUSE WE HAVE AN OPEN SESSION MEETING STARTING AT ONE.

I WONDER IF WE SHOULD EITHER DO THESE CASE STUDIES REALLY QUICKLY, OR SKIP THEM AND GO TO THE ROLE OF THE PRESIDING OFFICER .

YEAH, I THINK WE CAN SKIP THESE. WE'VE HAD A LOT OF QUESTIONS, AND THESE WERE INTENDED TO INITIATE QUESTIONS, BUT YOU ALL ARE VERY GOOD AT ASKING QUESTIONS.

SO I THINK WE CAN MAYBE JUST. COULD YOU CLARIFY THAT, THAT THE REASONING BEHIND THAT.

SIMPLY THAT THE SO THAT YOU HAVE A COUPLE OF OPTIONS.

IF YOU WANT TO START THE OPEN SESSION MEETING ON TIME AT 1:00, THEN WE PROBABLY WANT TO TRY TO SPEED UP THIS PRESENTATION BY SKIPPING THESE CASE STUDY SLIDES. WHAT'S AFTER THE CASE STUDY? THEN I'M GOING TO GET INTO ROLE OF PRESIDING OFFICER .

I WOULD IMAGINE THAT, YOU KNOW, WITH CASE STUDIES AND THE ROLE OF PRESIDING OFFICER , THAT WE WOULD HAVE ANOTHER MAYBE 15 MINUTES AT MOST.

SO WE PROBABLY WOULD NOT BE CONCLUDED UNTIL LIKE 12:40, 1245 AND SO I THINK, YOU KNOW, I COULD BE DONE IN TEN MINUTES IF WE DIDN'T DO CASE STUDIES.

[01:45:01]

AND IF WE HAVE TIME, WE'LL COME BACK TO 1 OR 2 OF THOSE CASE STUDIES.

SURE. OKAY. THANK YOU. SO OUR FINAL SECTION IS JUST TALKING ABOUT NOW YOU'VE HEARD ABOUT THE RULES. YOU'VE TALKED ABOUT SOME HYPOTHETICALS IN TERMS OF, YOU KNOW HOW WE ARE APPLYING THOSE RULES NOW, HOW CAN WE USE THOSE RULES TO MAKE OUR MEETINGS MORE EFFICIENT.

AND WHILE, YOU KNOW, THIS IS TALKING ABOUT THE ROLE OF THE PRESIDING CHAIR, IT'S ALSO IMPORTANT FOR THE REST OF THE BOARD MEMBER S TO HEAR THIS.

NUMBER ONE, YOU MAY BECOME A CHAIR SOMEDAY, BUT ALSO IT'S JUST I T HELPS YOU UNDERSTAND YOUR ROLES BECAUSE IN CERTAIN WAYS, THEY'RE SOMEWHAT DIFFERENT THAN THE CHAIR'S ROLE.

AND I WOULD SAY, YOU KNOW, GENERALLY FOR THE PRESIDING OFFICER OR THE CHAIR, THAT, YES, THEY FACILITATE THE MEETING.

THEY MAKE SURE THAT THE BROWN ACT IS COMPLIED WITH.

CONFLICT OF INTEREST IS REPORTED. EQUAL ACCESS FOR ALL PARTICIPANTS, INCLUDING, YOU KNOW, BOARD MEMBER S TO A CERTAIN EXTENT. AND THEN WE WANT TO MAKE SURE THAT WHATEVER RECORD IS NEEDED TO BE ESTABLISHED, THAT THEY ARE ESTABLISHING. NOW, HOW IS THIS ACTUALLY DIFFERENT THAN THAN BEING A ROLE OF A BOARD MEMBER WHO IS NOT THE CHAIR? THE WAY I LIKE TO DESCRIBE IT IS THE CHAIR'S ROLE IS REALLY ONE OF FACILITATION.

YOU ARE TRYING TO MANAGE THE MEETING. YOU'RE TRYING TO MAKE SURE THAT THE BOARD GETS TOGETHER AND IS ABLE TO COME UP WITH A DECISION.

BECAUSE IN ORDER FOR ALL OF YOU TO BE EFFECTIVE BOARD MEMBER S, ACTION NEEDS TO HAPPEN.

AND SO WHEN ACTION DOESN'T HAPPEN, IT TENDS TO IMPACT YOUR ABILITY TO SERVICE YOUR CONSTITUENCY.

SO AS OPPOSED TO OTHER BOARD MEMBER S WHO MAYBE DON'T HAVE THAT SAME NEED TO OR ROLE IN FACILITATING THE MEETINGS, YOUR ROLE AS A BOARD MEMBER MAY BE TO SIMPLY BE MORE OF AN ADVOCATE.

YOU ARE ADVOCATING FOR A POSITION THAT YOU BELIEVE IS IMPORTANT FOR THE DISTRICT TO BE TAKING.

NOT THAT THE CHAIR DOESN'T DO THAT, BUT THE CHAIR HAS TWO HATS ON, ESSENTIALLY.

ONE HAT TO ADVOCATE FOR HOW THEY FEEL THEY NEED TO.

THE DISTRICT SHOULD PROCEED ON ANY PARTICULAR ITEM, BUT ALSO TO MAKE SURE THAT THE BOARD ENGAGES IN CIVIL DISCUSSION, THAT THE PUBLIC HAS AN OPPORTUNITY TO HEAR EVERYTHING THAT'S SAID, TO PARTICIPATE FULLY AND EQUALLY THAT TO THE EXTENT THAT THERE IS CONFLICT ON THE DAIS, THAT IS GENERALLY THE CHARGE OF THE CHAIR TO TRY TO FACILITATE THAT SO THAT THE MEETING CAN CONTINUE AND ACTION CAN BE TAKEN.

AND THEN FINALLY, YOU KNOW, JUST GUIDE THE BOARD THROUGH THE AGENDA.

BUT IT'S IMPORTANT TO UNDERSTAND WHAT THE ULTIMATE GOAL OF THE BOARD IS, BECAUSE THAT'S ULTIMATELY THE BOARD OF THE INDIVIDUAL BOARD MEMBER S, ALTHOUGH IT'S THE CHAIR WHO IS ACTUALLY GOING TO FACILITATE MAKING SURE THAT THAT HAPPENS.

AND, YOU KNOW, AS WE'VE DISCUSSED EARLIER, YOU KNOW, IT'S GENERALLY THE CHAIR, ALONG WITH THE GENERAL COUNSEL WHO MAKES SURE THAT THE AGENDA ORDER IS FOLLOWED, THAT PUBLIC COMMENT IS HEARD ON EACH ITEM, AND THAT ALL THE BOARD GUIDELINES ARE BEING FOLLOWED.

SO IN TERMS OF HOW DOES THE CHAIR FACILITATE DISCUSSION AND MAKE SURE THAT DISCUSSIONS ARE CIVIL? SO AS AS WILL HAPPEN, THERE WILL BE TIMES WHERE THERE WILL BE INDIVIDUAL DISCUSSIONS THAT MAY POP UP BETWEEN BOARD MEMBER S DURING THE MEETING. THAT IS ALWAYS A AN AREA WHERE WE ASK THAT THE CHAIR TRY TO NOT HAVE HIS BOARD MEMBER S OR THEIR BOARD MEMBER S INVOLVED IN INDIVIDUAL DISCUSSIONS.

PART OF THE REASON IS IT COULD LEAD TO POTENTIAL BROWN ACT COMPLAINTS.

NOT THAT IT IS A BROWN ACT VIOLATION, BUT I HAVE SEEN THAT HAPPEN, ESPECIALLY WHEN YOU'RE DEALING WITH, AS DENISE REFERRED TO, EARLIER, LAND USE DECISIONS.

I'M NOT SURE THAT YOU HAVE A LOT OF LAND USE DECISIONS THAT YOU DEAL WITH HERE, BUT THAT IS A VERY ADJUDICATIVE DECISION WHERE YOU ALL THE BOARD IS ACTING AS A JUDGE.

SO IN THOSE INSTANCES, YOU WOULD WANT TO MAKE SURE THAT YOU ARE NOT VIOLATING ANYBODY'S DUE PROCESS AND HAVING INDIVIDUAL CONVERSATIONS ON THE BOARD THAT THE PUBLIC IS NOT

[01:50:09]

AND THEN, YOU KNOW, THE OTHER POINT THAT THE CHAIR DOES, AS WELL AS THE DISTRICT COUNSEL, IS MONITORS MEMBERS DURING RECESSES SO THAT A MAJORITY OF MEMBERS DO NOT CONGREGATE OR DISCUSS ITEMS WITHIN THE JURISDICTION OF THE BUSINESS.

NOW, THIS DOESN'T SEEM WHY DO YOU NEED TO DO THAT? AND I CAN I CAN TELL YOU WE DO NEED TO DO THAT.

I DO THAT. I'M SURE YOUR DISTRICT COUNSEL DOES THAT AS WELL AS YOUR DISTRICT MANAGER , BECAUSE WHAT HAPPENS IS, EVEN THOUGH YOUR MEETING IS IN RECESS AND USUALLY WHAT WOULD TAKE A BREAK, AND THERE ARE, YOU KNOW, REASONS FOR BREAKS, IDEALLY BECAUSE THERE ARE PEOPLE WHO NEED TO, YOU KNOW, USE THE RESTROOM.

I HAD AN OCCASION WHERE WE TOOK A RECESS AND ONE OF MY MEETINGS.

IT WAS A CONTENTIOUS ITEM THERE. THE MEETING WAS PACKED.

THERE WERE LINES TO THE RESTROOMS. COUNCIL MEMBER S WERE LINED UP TO GO TO THE RESTROOM, AND THERE HAPPENED TO BE THREE OF THEM, WHICH WAS A QUORUM FOR THAT BODY WHO WERE LINED UP TOGETHER WAITING TO USE THE RESTROOM.

THAT WAS A BROWN ACT COMPLAINT THAT I ACTUALLY HAD TO INVESTIGATE.

SO IT IS IMPORTANT THAT ALL OF YOU BE AND I ALLUDED TO IT EARLIER, APPEARANCE IS VERY IMPORTANT.

AND BROWN ACT COMPLAINTS I COMPLAINTS, I WILL SAY, ARE PROBABLY SOME OF THE MOST COMMON COMPLAINTS THAT WE SEE IN OUR IN OUR BUSINESS, MORE SO THAN LITIGATION. I MEAN, IT IS BROWN ACT COMPLAINTS BECAUSE THEY'RE THEY'RE EASY TO ACCOMPLISH AND DEPENDING UPON YOUR JURISDICTION, IF YOU HAVE AND I DON'T KNOW WHAT IT IS IN ALAMEDA COUNTY.

I DON'T KNOW THAT YOUR DISTRICT ATTORNEY IS REALLY INTO BROWN ACT COMPLAINTS.

THEY MAY NOT BE, BUT IN SOME COUNTIES THEY ARE.

AND SO THEY YOU KNOW, WE RECEIVE A LOT OF BROWN ACT COMPLAINTS.

ONE WAY TO AVOID THAT IS TO AVOID EVEN THE APPEARANCE OF A BROWN ACT COMPLAINT.

YOU MIGHT WANT TO MENTION THAT. CAN I ASK YOU A QUESTION? SORRY. JUST JUST A REMINDER THAT A LEGISLATIVE BODY COULD BE THIS BOARD, OR IT COULD BE A STANDING COMMITTEE THAT YOU ARE ON.

AND SO ALWAYS BE MINDFUL OF YOUR WHAT THE QUORUM IS FOR EACH OF THOSE LEGISLATIVE BODIES.

ANYTIME YOU'RE RECESSING OR TRAVELING OR, YOU KNOW, IN THE KITCHEN WITH EACH OTHER, JUST BEING AWARE OF YOUR SURROUNDINGS AND MAKING SURE THAT YOU'RE NOT AT THAT QUORUM POINT, THAT COULD BE A BROWN ACT VIOLATION.

THANKS. PARDON ME, I WAS WONDERING, I DON'T KNOW IF YOU CAN ANSWER THIS OR YOU CAN.

HOW MANY BROWN ACT VIOLATIONS HAVE BEEN REPORTED AGAINST THIS BOARD OR ANY BOARD OF REGIONAL PARK DISTRICT IN THE LAST TEN YEARS, 20 OR 30 OR 90? I'M NOT SURE. THANK YOU. DIRECTOR WAESPI I CAN ONLY ANSWER DURING MY TENURE HERE, BUT WE'VE HAD THREE OR AT LEAST THREE. WE'VE HAD ONE FORMAL WHERE THE BOARD HAD TO TAKE A VOTE IN OPEN SESSION AND AFFIRM THAT IT WOULD NO LONGER DO A PARTICULAR ACTIVITY.

AND I'M NOT I'M NOT SAYING THAT THAT I THINK THE BOARD WAS IN VIOLATION OF THE BROWN ACT.

BUT WE DO FROM TIME TO TIME GET COMPLAINTS. THERE TEND TO BE IN THE NATURE AND THEY'RE NOT FORMAL COMPLAINTS THAT GO TO THE DISTRICT ATTORNEY, BUT THEY'RE IN THE LINE OF EVEN PUBLIC COMMENTS WHERE IT'S LIKE, WHY ARE YOU GOING TO A CLOSED SESSION? AND YOU HAVEN'T IDENTIFIED THE NATURE OF THE TOPIC ON YOUR AGENDA ADEQUATELY? DOES THAT ANSWER YOUR QUESTION? YEAH, I THINK.

SO. AND, YOU KNOW, I WILL JUST THIS IS OUR LAST SLIDE ON ROLES OF PRESIDING OFFICER .

AND GENERALLY THE PRESIDING OFFICER , AS WE'VE SAID EARLIER, DOES MAKE SURE THAT ALL EX PARTE CONTACTS ARE STATED FOR THE RECORD. MAKE SURE THAT THERE ARE PROPER FINDINGS MADE FOR THE RECORD, AS WELL AS MAKE SURE THAT ALL CONFLICT OF INTEREST REPORTING OUT IS DONE PRIOR TO PRIOR TO THE VOTE.

SO GENERALLY WHEN WE'RE TALKING ABOUT CHAIRING MEETINGS AND RUNNING EFFICIENT MEETINGS, WE LIKE TO LOOK AT THE WHOLE ISSUE HOLISTICALLY. MEANING IT IT STARTS WITH DISTRICT STAFF PREPARING STAFF REPORTS.

IT THEN FLOWS TO BOARD MEMBER S TO READ THEIR STAFF REPORTS TO PARTICIPATE IN THE MEETINGS.

AND THEN FOR THE CHAIR TO FACILITATE AND MAKE SURE THAT ALL OF THESE BROWN ACT RULES, ALL OF THESE BROWN ACT REGULATIONS ARE COMPLIED WITH,

[01:55:07]

I THINK WE MAY HAVE TIME TO DO SOME CASE STUDIES.

PICK YOUR FAVORITE ONE. OKAY. IS THIS THE FIRST ONE? DENISE? OH, HERE IT IS. YEAH. SO, AFTER ATTENDING AN INTERESTING MEETING OF THE COUNTY BOARD OF SUPERVISORS ON ISSUES THAT WOULD AFFECT THE DISTRICT, THE MEMBER DECIDES TO CIRCULATE THE EXCELLENT SUMMARY OF COUNTY ACTIONS THAT MAY AFFECT THE DISTRICT TO ALL MEMBERS.

AND ASK EACH ONE OF THE MEMBERS, LET ME KNOW WHAT YOU THINK.

DOES ANYBODY HAVE THOUGHTS ON WHETHER OR NOT THAT IS ALLOWED UNDER THE BROWN ACT IT'S NOT ALLOWED.

GOOD JOB. ANY OTHER THOUGHTS? NO. WE CAN GO TO OUR NEXT ONE.

A MEMBER TWEETS FACEBOOK PAGE HAS A POSTING DESCRIBING HIS DESIRE TO ADDRESS A CERTAIN ISSUE AT THE NEXT MEETING.

CAN ALL OF TWEETS FELLOW MEMBERS CLICK THE LIKE BUTTON.

WHAT IF LESS THAN A MAJORITY, CLICK THE LIKE BUTTON? YOU KNOW THE ANSWER TO THIS. I'M WAITING FOR SOMEBODY ELSE.

EITHER WAY, YOU VIOLATED THE BROWN ACT. THAT'S CORRECT.

THAT'S CORRECT. WELL, I THINK THAT'S IT. WELL, THANK YOU SO MUCH.

IT'S BEEN OUR PLEASURE. AND, YOU KNOW, WE'RE ALWAYS AVAILABLE TO ANSWER QUESTIONS.

AND, YOU KNOW, IN THE FEW MINUTES WE HAVE LEFT, IF THERE ARE MORE QUESTIONS, WE'LL BE MORE THAN WILLING TO ANSWER THEM.

OKAY. VERY GOOD. WELL, THANK YOU. THANK YOU VERY MUCH. OH, IT'S NO BIG DEAL. GO AHEAD. YOU KNOW, WE TALK ABOUT THE UNRULY AUDIENCE MEMBER.

YOU WOULD THE CHAIR WOULD SUGGEST YOUR TIME IS OVER.

IF THEY CONTINUED, WE WOULD DO A NUMBER OF THINGS WHICH RECOMMENDED WAS RECESS, WHICH I AGREE WITH 100%.

ONCE YOU RECESS AND IT STILL COMES BACK AND IT'S STILL UNRULY.

THERE WAS A SUGGESTION YOU COULD MAKE THE PEOPLE LEAVE.

WELL, IN THIS SCENARIO, MY ONLY QUESTION IS, COULD THE DELIBERATIVE BOARD KEEPING THE PRESS AND THE PEOPLE THAT WERE OKAY, COULD WE MOVE TO ANOTHER LOCATION WITHIN THIS BUILDING? WELL, I LOOK OUT THIS WINDOW AND SAY, OH, YEAH, LET'S LET EVERYBODY GO OUTSIDE, LET'S KICK THEM OUTSIDE. AND THEN IF THEY MAKE A BIG DEAL, WE'LL CLOSE THE CURTAINS, WHICH WILL REALLY ESCALATE IT.

AND I HAVE NEVER MOVED TO ANOTHER LOCATION DUE TO A DISRUPTIVE MEMBER OF THE AUDIENCE.

SO AND I WILL SAY THAT GENERALLY RECESSING AND CLEARING THE ROOM GENERALLY SOLVES THE ISSUE.

I'VE NEVER SEEN AND FRANKLY, I HAVE HAD INSTANCES WHERE, YOU KNOW, I'VE HAD THE CHIEF, YOU KNOW, ATTEMPT TO ARREST PEOPLE AND I'VE SAID, NO, DON'T DO THAT.

RIGHT. I MEAN, I AM VERY HESITANT TO TAKE AGGRESSIVE ACTION ON PUBLIC COMMENTERS SIMPLY BECAUSE YOU HAVE TO EXPECT THAT THERE ARE A LOT OF PUBLIC COMMENTERS OUT THERE THAT ARE EXPECTING TO BE KICKED OUT, ESPECIALLY WITH THE COMMUNITY. YOU KNOW, THE SENTIMENT THAT I'VE BEEN SEEING. YOU KNOW, IN YEARS OF LATE, THEY ARE BECOMING MORE AND MORE AGGRESSIVE. YOU KNOW, AT LEAST IN THE COMMUNITIES THAT I'M WORKING IN.

AND A LOT OF THEM ARE USING THE BROWN ACT, FIRST AMENDMENT LITIGATION TO TRY TO TEST THE WATERS, TO TRY AND TEST LITIGATION. AND SO I AM VERY CAUTIOUS ON BEING TOO AGGRESSIVE ON LIMITING PUBLIC COMMENT.

THANK YOU. ALL RIGHT. ALL RIGHT. THANK YOU VERY MUCH.

WELL, I GUESS I NEED TO ADJOURN THIS MEETING.

THANK YOU VERY MUCH. AT 12:43. THAT'S EXACTLY TWO HOURS, I GUESS.

WE TIMED IT. [LAUGHTER] OKAY. SOUNDS ON.

[ROLL CALL]

IS THERE ANYTHING, ANY CHANGES THAT ANYBODY WOULD LIKE TO MAKE TO THE AGENDA, ANY ADDITIONS OR I MEAN ANY CHANGES.

OKAY. HEARING NONE, WE'LL MOVE. MOVE FORWARD THEN TO PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA.

[02:00:01]

WE HAVE ONE ON THE ZOOM ROOM AND THEN ONE INSIDE.

OKAY. THANK YOU. P ROCEED. SO WE'LL START WITH RENEE PATTERSON.

YOU HAVE THREE MINUTES. GOOD AFTERNOON, BOARD MEMBER S.

MY NAME IS RENEE PATTERSON AND I'M AN ADMIN ANALYST TWO IN OPERATIONS IN THE BUSINESS SERVICES DEPARTMENT.

AND I WORK HERE AT PERALTA OAKS ON THE THIRD FLOOR.

AND I'M HERE TO REMIND YOU OF THE PERBS FILING THAT AFSCME FILED FOR AN UNFAIR PRACTICE CHARGE ON AUGUST 26,

[LAND ACKNOWLEDGEMENT]

THE CHARGES WERE FOR BAD FAITH BARGAINING, INTERFERENCE, DIRECT DEALING, AND UNILATERAL IMPLEMENTATION.

AND SORRY TO SAY, I'M HERE FOR ANOTHER YEAR. WE'LL KEEP COMING TO THE BOARD MEETINGS UNTIL I HEAR SOMETHING.

MAYBE OTHER PEOPLE HEAR THINGS, BUT I HAVE NOT HEARD ANYTHING.

SO I'LL COME TO REMIND YOU THAT THIS UNFAIR PRACTICE CHARGE IS STILL PENDING A RESOLUTION.

SO THANK YOU FOR YOUR TIME. THANK YOU. THANK YOU.

OUR NEXT SPEAKER WILL BE MR. DYSON. MR. DYSON, I'M GOING TO MOVE YOU UP TO PANELIST AND.

SO YOU NEED TO ACCEPT THAT, AND THEN YOU CAN COME

[SPECIAL PRESENTATIONS]

GREAT. OKAY. AND, MR. DYSON, YOU HAVE THREE MINUTES.

SO I'M GOING TO GO OFF. I'M GOING TO JUST LET ME DO THIS FIRST.

WHEN YOU SEE MY FACE POP UP AGAIN, THAT WILL MEAN YOU HAVE, LIKE, 30S.

OKAY. OKAY. THANK YOU. THANK YOU. OKAY. SO I GUESS I CAN GO NOW.

YES. OKAY. THANK YOU. WELL, I APPRECIATE THE BOARD HAVING ME BEFORE THEM.

I'M FOLLOWING UP REGARDING A CLAIM OF JULY 13, 2023.

WHEN THE STAFF AT CHABOT CAME IN AND TOOK MY TENT, THREW IT IN THE BACK OF A TRUCK, DROVE IT AWAY, DID SOME THINGS WITH IT, CAME BACK, THREW IT OUT, LITERALLY THREW IT OUT OF THE BACK OF THE TRUCK INTO MY CAMPSITE AND LEFT.

AND I WAS LEFT TILL THE NEXT MORNING TO FIND IT.

I'M SURE YOU'RE ALL SOMEWHAT FAMILIAR WITH THIS MATTER, SO I WON'T BORE YOU WITH THE DETAILS.

AND I JUST WANT TO SAY I RECOGNIZE YOU ALL FOR BEING WILLING TO REPLACE THE EQUIPMENT THAT WAS DAMAGED.

BUT I DO HAVE A CONCERN ABOUT THE CAVEAT, WHICH IS ESSENTIALLY ECONOMIC DISTRESS, SAYING THAT YOU'LL REFUND ME GIVEN TERMS. AND I THINK THAT THERE SHOULDN'T BE ANY TERMS ATTACHED TO REPLACE THE EQUIPMENT THAT YOU DAMAGED.

I THINK THAT'S PRETTY COMMON THROUGHOUT LEGAL LAND.

I ALSO THINK THAT IT'S YOU KNOW, THE INCONVENIENCE THIS HAS CAUSED ME HAS BEEN COMPLETELY DISMISSED WITHOUT ANY REGARD FOR THAT. NOT EVEN SO MUCH AS AN APOLOGY.

NEVER MIND. NEVER MIND COMPENSATION FOR ALL THAT THIS HAS CAUSED ME.

SO WITH THAT, I'LL WRAP UP. I WOULD LOVE TO HEAR BACK FROM YOU.

I'VE WRITTEN TO YOU ALL SEVERAL TIMES AND SHARED THAT WITH YOU.

I HAVE NOT HAD A WRITTEN RESPONSE OF ANY KIND REGARDING THE INCIDENT, AND I HAVE NOT CASHED THE CHECK THAT YOU'VE SENT ME.

YOU SENT ME CHECKS TWICE, AND I HAVE NOT CASHED THEM BECAUSE THERE'S THE CAVEAT, WHICH AMOUNTS TO ECONOMIC DURESS.

SO I WOULD LIKE A THIRD CHECK ISSUED, NO STRINGS ATTACHED.

THANK YOU FOR YOUR TIME. ALL RIGHT. THANK YOU.

AND IS THAT ALL? YES. YES. PRESIDENT MERCURIO.

YES. I'D JUST LIKE TO KNOW HOW MANY MEMBERS ARE IN THE PUBLIC.

I MEAN, JUST IN GENERAL AT THESE MEETINGS. ARE THERE? I DON'T HAVE A GOOD SENSE.

THERE'S NO OTHER MEMBERS IN THE. IN THE ZOOM ROOM.

IN THE ZOOM. NO, THERE'S NOBODY ELSE HERE. THANK YOU FOR THAT.

I'M SURE. ALL RIGHT. SO NOW WE MOVE ON TO ANNOUNCEMENTS.

ARE THERE ANY ANNOUNCEMENTS? NOPE. OKAY, THEN BUSINESS BEFORE THE BOARD.

ARE THERE ANY REQUESTS FOR HAS THE CLERK RECEIVED ANY REQUESTS FROM THE BOARD FOR ITEMS ON OPEN ON THE CONSENT CALENDAR? NO, NOT TO PULL. SO THEN I CAN LOOK FOR A MOTION TO APPROVE THE CONSENT CALENDAR.

SO MOVED. MOVED BY WAESPI. SECOND. SECOND BY ECHOLS.

[02:05:04]

THANK YOU. ALL RIGHT. ITEM B OUT OF THE GENERAL MANAGER 'S OFFICE, WE HAVE THREE, ITEMS HERE.

THE FIRST ONE IS PROPOSED SPECIAL INTERESTS, MONTHS AND OBSERVANCES, DESIGNATION PROCESS AND CALENDAR. AND WE HAVE JOSE TODAY.

OKAY. THANK YOU. AND BEAR WITH ME AS I MAKE SURE THIS IS UP.

OKAY. OKAY. THANK YOU. PRESIDENT MERCURIO AND BOARD GENERAL MANAGER. SO, JOSE GONZALEZ, EQUITY OFFICER WITH THE OFFICE OF EQUITY AND THE GENERAL MANAGER 'S OFFICE.

HERE TO KIND OF LEAD ON THIS PRESENTATION WHILE ALSO STARTING WITH A LOT OF GRATITUDE AND APPRECIATION TO ALL THE DEPARTMENTS THAT CONTRIBUTED TO OUR WORK IN THIS ITEM.

AND SO I'LL REFERENCE THEM A LITTLE BIT THROUGHOUT THE PRESENTATION. SO SOME OF YOU HAVE SEEN THIS BECAUSE WE CAME BEFORE THE BOARD EXECUTIVE COMMITTEE TO KIND OF GET SOME COMMENT AND FEEDBACK ON IT AS WELL. AND THEN I BELIEVE IT'S INCLUDED IN YOUR PACKET KIND OF A SUMMARY FROM OUR PRESENTATION TO THE PAC TO THE PARK ADVISORY COMMITTEE. SO WHERE WE ARE HERE TODAY IS I'M GOING TO TALK A LITTLE BIT ABOUT SIMS, AND AT LEAST FOR ME, MY AGE REFERENCE. IT MAKES ME THINK OF THE MEET THE SIMS VIDEO GAME.

BUT THAT'S NOT WHAT THIS IS. THE SIMS IS SPECIAL INTEREST MONTHS, AND SO THE NAME IS A LITTLE CLUNKY.

SO REALLY WE CAN LOOK AT DIFFERENT PHRASINGS OF IT.

BUT ESSENTIALLY WHAT IT'S REFERRING TO IS REALLY LOOKING AT MONTHS DEDICATED TO CELEBRATING AND ACKNOWLEDGING SPECIFIC GROUPS, CAUSES AND EVENTS. SO MOST COMMONLY FOR FOR US IT MIGHT BE HERITAGE MONTHS, BUT IT'S A WAY TO SAY IT'S NOT JUST HERITAGE MONTH.

IT IS MUCH MORE EXPANSIVE AND INCLUSIVE OF THAT.

SO YOU MIGHT HEAR OTHER TERMS LIKE ANNUAL OBSERVANCES, SPECIAL EMPHASIS OBSERVANCES, AND THE LIKE.

AND SO FOR THE PURPOSES OF THIS PRESENTATION, I'LL BE USING THE SHORTHAND SIM.

BUT IT'S GOING TO INCLUDE ALL OF THESE. SO SOME EXAMPLES OF THOSE MAY BE A HERITAGE MONTH LIKE NATIVE AMERICAN HERITAGE MONTH.

IT MAY BE AN AWARENESS MONTH LIKE DISABILITY AWARENESS MONTH.

IT MIGHT ALSO BE A SPECIFIC OBSERVANCE THAT MAY BE A DAY OR A WEEK.

SO, FOR EXAMPLE, INTERNATIONAL DAY OF PEACE. AND WHERE WE'RE STARTING WITH THESE HERE, LET'S SEE I HAVE THIS NEXT ONE.

IN TERMS OF THE PARK DISTRICT SO IT HAS A HISTORY AND TRADITION OF HAVING OBSERVANCES.

AND YOU CAN SEE THIS IN OUR WEBSITE. SO YOU'LL SEE KIND OF THIS SLIDE THAT POPS UP.

YOU CAN GO TO THE WEBSITE AND IT'LL SAY WE CELEBRATE AND YOU'LL SEE EXAMPLES OF THESE.

BUT ONE OF THE THINGS THAT WE'RE KIND OF THE OFFICE OF EQUITY PROVIDING CAPACITY SUPPORT TO DIVISIONS, IS REALLY LOOKING AT SOME OF THE PROCESSES THAT MAKE IT CLEAR IN TERMS OF LIKE, HOW DOES THIS HAPPEN? HOW DO WE PRIORITIZE THIS? AND ESPECIALLY FOR DEPARTMENTS AS THEY'RE LOOKING AT, HOW DO WE PRIORITIZE DECISION MAKING AND RESOURCE ALLOCATION? AND SO THIS IS KIND OF WHERE THE ROLE OF THE BOARD CAN PLAY.

I MEAN, IT'S A HUGE ROLE IN TERMS OF POLICY MAKING TO BE ABLE TO KIND OF SAY STRATEGICALLY THIS IS WHAT WE VALUE.

AND THEN THAT BEGINS TO HELP DEPARTMENTS KIND OF WITH THAT PROCESS.

SO STAFF REQUESTS, KIND OF DOING A REVIEW OF THE PROCESS.

IT WAS NOT AS CLEAR WHAT OUR PROCESS WAS FOR DESIGNATIONS AND HOW THAT SUPPORTED STAFF AND RESOURCING ACCORDINGLY.

AND SO THIS IS WHERE WE STARTED. THE OTHER THING IS THAT IN TERMS OF THIS CALENDAR, IT'S NOT MEANT TO REPLACE OR TAKE THE PLACE OF THE PRINTED CALENDAR. SO OBVIOUSLY IT CAN REFERENCE THAT THERE CAN BE OTHER THINGS ON THERE FOR SPECIFIC REASONS.

AND THEN THE OTHER ELEMENT IS THAT YOU, OF COURSE, HAVE STATE AND FEDERAL HOLIDAYS THAT SOMETIMES THEY MAY FALL WITHIN AS A RECOGNITION, BUT OTHER TIMES IT'S JUST THAT, YOU KNOW, THEY'RE MEMORIALIZED THROUGH DIFFERENT PROCESS.

SO JUST KIND OF NOTING THAT IN THERE. AND SO WE'RE COMING UP TO YOU BECAUSE THIS IS WHERE WE THINK YOUR ROLE AS POLICYMAKER IS KEY IN KIND OF PROVIDING THIS GUIDANCE TO STAFF SO THAT STAFF CAN PLAN AND RESOURCE ACCORDINGLY.

ONE EXAMPLE IS, FOR EXAMPLE, INTERP AND REC. SO THEY LIKE TO AT LEAST PLAN OUT FOR THE YEAR AND KIND OF KNOW, HEY, WHAT MAY BE COMING UP. SO IF THERE'S AN EVENT THAT WE'RE BEING ASKED TO PARTICIPATE OR ENGAGE WITH HOW DO WE WHAT HELPS US TO KIND OF KNOW, YEAH, WE KNOW CONSISTENTLY MAYBE WE'VE BEEN DOING THIS IN THE PAST, BUT THERE'S A LOT MORE SUPPORT AND CLARITY KNOWING LIKE THE BOARD IS SAYING,

[02:10:04]

SO LET'S SKIP ON TO THE NEXT ONE. SO WE'RE LOOKING AT THIS IS OUR CURRENT PROPOSED CALENDAR.

IN TERMS I KNOW SOME OF THE QUESTIONS MAY BE LIKE WELL HOW ARE WE STARTING.

WHAT'S DECIDING THIS TO START. AGAIN THIS IS A PROPOSED RECOMMENDATION FOR THE YEAR.

IT DOESN'T MEAN IT LOCKS IT IN. AND THEN YOU CAN'T REVISIT ON A CASE BY CASE BASIS BY MONTH.

THAT IS STILL WITHIN YOUR PURVIEW. IT CAN ALSO YOU CAN ALWAYS AS WE REVISIT THIS EACH YEAR, YOU MAY HAVE DIFFERENT CONSIDERATIONS, ADDITIONS, COMMENT AND FEEDBACK.

OF COURSE WE ARE STARTING HERE WITH ONE. WHAT CAN WE KIND OF SAY HAS HISTORICALLY BEEN ABSURD AND CELEBRATED BY THE DISTRICT.

RIGHT? BUT THAT CAME BOTH FROM WHAT IS PUBLICLY AVAILABLE, LIKE THE WEBSITE, BUT ALSO GETTING INPUT FROM ALL THE DIVISIONS AND DEPARTMENTS.

SO KIND OF WE STARTED THAT KIND OF IDENTIFICATION AND CLEANUP PROCESS, FOR EXAMPLE, WITH INTERP AND REC AND PUBLIC AFFAIRS.

WHY DO WE RECOGNIZE THIS? DO WE KNOW WHERE DID THAT COME FROM? WHY DO WE PRIORITIZE THIS ONE AND SO FORTH? SO THAT WAS ONE OF THE FIRST STARTING POINTS. THE SECOND ONE WAS GOING TO EXAMPLE TO THE PAC.

AND IN THEIR ADVISORY ROLE THEY OF COURSE ALSO HAVE THAT RELATIONSHIP AND CONNECTION TO HOW THEY WERE APPOINTED AND OTHER COMMUNITY ORGANIZATIONS OR AGENCIES THAT THEY REPRESENT, AND GETTING SOME OF THAT INPUT AND FEEDBACK.

SO THAT WAS INCLUDED IN THERE. AND THERE'S ALSO INCORPORATED SOME FEEDBACK ON THERE, MAYBE ANYTHING ELSE THAT WAS REALLY STRESSED, LIKE FOR EXAMPLE, AT THE BEC IN TERMS OF LIKE REALLY WANTING TO PRIORITIZE THAT.

THAT'S THE STARTING POINT. OBVIOUSLY, WE'RE COMING TO YOU THAT IN YOUR DISCUSSION YOU MAY DELIVER IT ACCORDINGLY AND DIFFERENTLY.

BUT THAT WAY IN TERMS OF THINKING IN THE FUTURE, HOW WE WOULD ENGAGE IN DIFFERENT MECHANISMS. FOR EXAMPLE, AS WE ARE REALLY STRATEGIZING AROUND OUR COMMUNITY ENGAGEMENT FRAMEWORK, THAT WOULD BE THAT ELEMENT TO GET ADDITIONAL FEEDBACK FROM THIS.

SO I'M PUTTING THAT ALL IN THERE SUCH THAT IT'S NOT A FIXED PROCESS.

IT'S VERY MUCH GOING TO BE AN ADAPTIVE LIVING PROCESS.

AND THIS IS WHERE WE ARE AS WE'RE GOING TO TAKE SOME OF THAT FEEDBACK AND COMMENT AS WELL. SO WITH THAT, YOU'LL NOTICE ALSO THAT THERE IS A VARIETY OF THESE SERVICES.

THEY'RE NOT LIMITED TO HERITAGE MONTHS. I REALLY WANT TO POINT OUT, FOR EXAMPLE, THE CONTRIBUTIONS OF PUBLIC SAFETY IN SOME OF THEIR FEEDBACK.

WHAT ARE SOME OF THE OBSERVANCES THAT ARE IMPORTANT TO THEM? AND THEY MAY RESOURCE ACCORDINGLY IN TERMS OF PROGRAMMATIC EVENTS AND THE LIKE.

SO WITH THAT, IT IS AN ASK AND SO ACTION ITEM TO BE ABLE TO ASK THE BOARD TO BE ABLE TO APPROVE THE 2025 SIM CALENDAR.

ALL RIGHT. THANK YOU VERY MUCH FOR THAT. IT'S A NICE LIST THERE.

I KNOW, AS YOU SAID, IT WENT TO THE EXECUTIVE COMMITTEE, AND I FORGET HOW MANY ADDITIONS WE HAVE, BUT I KNOW I SUGGESTED NATIONAL TRAILS DAY, AND I SEE IT UP THERE NOW, BUT WE ALSO HAVE THE OPPORTUNITY TO DO A SIMILAR THING HERE TODAY.

RIGHT. TO ADD WHATEVER WE'RE THINKING ABOUT HERE.

SO I THINK DIRECTOR WAESPI HAD HIS LIGHT ON FIRST.

SURE, SURE. THANK YOU FOR THE PRESENTATION. AND THIS IS A GREAT EVENT.

I THINK THIS IS A GREAT IDEA. I WOULD JUST IF I COULD SUGGEST WE'VE LISTED A NUMBER OF FOLKS.

WORLD RANGER DAY POLICE AWARENESS, POLICE, NATIONAL POLICE WEEK, AND INTERNATIONAL LIFEGUARD DAY.

COULD WE INCLUDE INTERNATIONAL FIREFIGHTERS DAY ON MAY 4TH.

AND JUST A PROCEDURAL QUESTION, I GUESS. THE INTERNATIONAL DAY OF UNITED NATIONS, INTERNATIONAL DAY OF PEACE IS SEPTEMBER 21ST EVERY YEAR, BUT WE CELEBRATE IT GENERALLY WHEN THE PARK DISTRICT OR HALF OF THE LAST TEN YEARS BY BUMPING IT BACK A DAY.

ARE WE IS THAT STILL ARE WE GOING TO DO INTERNATIONAL DAY OF PEACE ON SATURDAY THE 20TH AS OPPOSED TO THE 21ST, OR IS THERE A PLAN THIS YEAR? HI SANDI FUNKE, AND I'M THE DIVISION LEAD FOR INTERPRETIVE AND RECREATION SERVICES, AND I BELIEVE THIS YEAR WE'RE ACTUALLY GOING TO TRY TO DO IT ON THE DAY, EVEN THOUGH IT ALSO IS CALIFORNIA COASTAL CLEANUP DAY THAT DAY.

SO WE'RE GOING TO TRY TO DO BOTH. OKAY. GREAT.

THANK YOU. OKAY. I WOULD FIRST AS FAR AS. I DON'T SEE IN THERE SOME TYPE OF PROCESS GOING FORWARD AS FAR AS PEOPLE PUTTING IN THEIR INTERESTS FOR DIFFERENT DAYS.

SO JUST AS FAR AS I KNOW THAT YOU WENT AND YOU ASKED DIFFERENT STAFF AND HAD.

[02:15:01]

INTERNALLY WHERE WE'RE MOVING WITH THIS IS AND I THINK THIS WAS AN OMISSION ON MY PART.

RIGHT. SO WE'RE LOOKING AT THE CLARIFICATION OF PROCESSES, REALLY LOOKING TO THE BOARD FOR THAT DIRECTION.

AND THEN INTERNALLY WE CAN BE LIKE WHAT MAY BE SOME MECHANISMS TO GATHER SOME OF THIS FEEDBACK AND INPUT.

RIGHT NOW IT STARTED WITH THE OFFICE OF EQUITY. BUT PART OF THE INTENTION IS TO LIKE HAVE A MORE IT DOESN'T HAVE TO STAY WITH THE OFFICE OF EQUITY.

HAVING SAID THAT THOUGH, WE'RE ALSO PART OF THIS PROCESS IS SO THAT SO THAT IT'S CLEAR IT'S NOT THE GENERAL MANAGER KIND OF DESIGNATING THESE MONTHS OR OBSERVANCES.

THEY CAN, OF COURSE, YOU KNOW, IN TERMS OF IF THERE'S A STATE OR FEDERAL PROCLAMATION BE IN ALIGNMENT WITH THAT.

BUT WE REALLY WANTED TO MAKE IT CLEAR THIS WASN'T ABOUT APPROACHING STAFF, OR THAT STAFF WERE THE ONES MAKING THESE DECISIONS.

WE WANTED TO LOOK TO THAT DIRECTION. OKAY. SO I WOULD LIKE A MECHANISM AND I'D LIKE TO KNOW WHERE IT BELONGS.

SO IF ANYONE FROM STAFF PERSON TO BOARD MEMBER TO THE PUBLIC WOULD LIKE TO SOMETHING TO BE INCLUDED, THAT THERE'S A STRAIGHTFORWARD PROCESS THAT WE KNOW TO GO THERE, AND THEN WE CAN DECIDE AS FAR AS WHAT DECISION BODY WILL OR WHAT CRITERIA WILL ADD THAT. BUT THERE NEEDS TO BE A CLEAR WAY BECAUSE IT'S A LOT OF BOUNCING BACK AND FORTH JUST RIGHT NOW. THE TWO LIKE I'D LIKE A CHANGE ON THAT CALENDAR.

WE NEED TO EMPHASIZE UNITED NATIONS INTERNATIONAL DAY OF PEACE.

SO IT'S THE UN INTERNATIONAL DAY OF PEACE, AND JUST CALLING IT INTERNATIONAL DAY OF PEACE TAKES AWAY FROM THE MEANING, THE SIGNIFICANCE OF WHY WE HAVE THAT INTERNATIONAL DAY OF PEACE.

AND IT TAKES AWAY FROM THE HISTORY. ALSO WE NEED TO ADD THE OBSERVANCE OF THE PORT CHICAGO REMEMBRANCE DAY.

SO THAT'S JULY 17TH. AND THEN I THINK LUNAR NEW YEAR IS IMPORTANT HOLIDAY TOO, BECAUSE IT'S INCLUSIVE OF A LOT OF OUR DIFFERENT COMMUNITIES WITH ASIAN HERITAGE.

AND ALSO I JUST WANT TO SAY THANK YOU FOR THIS PROCESS AND THANK YOU FOR THE PARK DISTRICT TO BE COMMITTED TO HAVING THESE DAYS AND LETTING EMPLOYEES EXPRESS IT.

ON THE FEDERAL LEVEL, YOU CAN NO LONGER EXPRESS THESE DIFFERENT HOLIDAYS.

SO TO STILL CONTINUE TO HAVE AN OFFICE, YOUR POSITION TO HAVE A PARK THAT'S COMMITTED TO THESE DIFFERENT VALUES WHEN THE OVERALL WORLD CLIMATE IS CHANGING I SEE THIS KIND OF AS AN ACT OF BRAVERY AND RESISTANCE, EVEN THOUGH IT'S OUR CULTURE NOT EVERYONE IS ABLE TO CELEBRATE THAT CULTURE.

AND WHEN WE STOP ALLOWING PEOPLE OR ORGANIZATIONS OR EMPLOYEES OR THE COMMUNITY TO EXPERIENCE THESE DIFFERENT CULTURES, THERE'S SOMETHING THAT'S LOST. SO AND I THINK THE ONLY OTHER PART, PROCESS WISE I'D LIKE TO KNOW JUST AS FAR AS WHEN THAT DATE IS SET FOR US TO REVIEW ALL OF THESE OR LOOK AT EVERYTHING THAT'S CAME IN FOR THE

[APPROVAL OF AGENDA]

SO HAVING AN IDEA THAT WAY TO THAT THE DIFFERENT DEPARTMENTS CAN BE ABLE TO DO PLANNING.

[PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA]

IN OUR ONLINE NEWSLETTER, THERE'S ALL THE DIFFERENT BLACK HISTORY MONTHS EVENT.

IN, IN THE CALENDAR THERE'S INFORMATION ABOUT SOME OF THE EVENTS AND THEN THE WALKS OVER AT THURGOOD MARSHALL.

BUT WITHIN THE ACTUAL ACTIVITY GUIDE UNLESS I'VE MISSED IT.

I DON'T SEE A REFERENCE TO THE DIFFERENT HIKES THAT ARE AT THAT PARK.

SO HAVING THIS CALENDAR AND THEN JUST MAKING SURE THAT THERE'S A METHOD OR THERE'S SOME TYPE OF PROCESS TO MAKE SURE THAT THE CORRECT INFORMATION IS HIGHLIGHTED WITHIN OUR DIFFERENT RESOURCES. YEAH.

[02:20:04]

AND I THINK IT ALIGNS REALLY WELL WITH PRESIDENT MERCURIO SHARED AT THE BEC THAT WE CAN, YOU KNOW, HAVE A DESIGNATION FOR ONE MONTH. AND THAT DOESN'T MEAN THAT THAT'S IT OR THAT WE HAVE TO SPECIFY ALL OF THE EVENTS ON THIS CALENDAR THAT HAVE TO HAPPEN IN THAT MONTH.

BUT IT HELPS US KNOW, HEY, A LOT OF THE ACTIVITIES AND EVENTS THAT WE CAN CALENDAR AND SCHEDULE IN ALIGNMENT TO THIS MONTH.

HERE IS WHERE THEY ARE WITHOUT HAVING TO NECESSARILY LIST THEM ALL ON THE CALENDAR IN THIS WAY.

AND SORRY, MY LAST COMMENT WAS SOMETHING THAT BOTH DIRECTOR SANWONG AND SCOTT BARTLEBAUGH FROM THE PAC BROUGHT UP.

AND THAT WAS WHAT HAPPENS TO THE DIFFERENT PROCLAMATIONS, BECAUSE THERE WAS A PROCLAMATION THE YEAR BEFORE FOR BOTH EQUESTRIANS AND MOUNTAIN BIKERS, WHICH ARE TWO OF OUR USER GROUPS. SO THAT'S SOMETHING THAT I'M NOT CLEAR ON HOW THOSE WORK IN THE FUTURE.

AND IS THAT SOMETHING THAT WE CONTINUE TO RECOGNIZE THOSE USER GROUPS EACH YEAR OR.

SHORT ANSWER IS, YES. SO LIKE I SAID, THIS DOESN'T TAKE AWAY FROM THE CASE BY CASE BASIS OR PROCLAMATIONS THAT THE BOARD MAY TAKE UP ON, YOU KNOW, AT THE REQUIRED OR REQUESTED MONTH AND THROUGH THE PROCESS THAT CURRENTLY EXISTS IN TERMS OF BRINGING BUSINESS BEFORE THE BOARD.

YEAH. SO SO WE CAN WE IF WE SO CHOOSE, WE CAN STILL REPEAT THOSE YOU KNOW, AS, AS WE SEE FIT. SO. LET'S SEE. ANYBODY ELSE? LYNDA. YEAH.

THIS IS KIND OF EXCITING AGENDA ITEM, RIGHT? LIKE, NOTHING TO ARGUE OVER.

[LAUGHTER] IT'S KIND OF FUN. AND LEADERS IN THE LARGEST PARK DISTRICT IN THE NATION PICKING OUT ALL OF OUR PEOPLE AND PLACES.

THINGS TO RECOGNIZE. SO I LOVE THIS. I HAD A SIMILAR QUESTION ABOUT PROCESS AND MECHANISM BECAUSE I KNOW, LIKE, THE BIKE PEOPLE JUST CAME IN WITH ONE LETTER VERSUS THE EQUESTRIANS HAD TO BRING IN A BUNCH OF SIGNATURES AND PETITIONS.

SO MAKING THAT CONSISTENT, CLEAR AND EQUALLY TRANSPARENT FOR ANYONE WHO WANTS TO DO THAT AND MAYBE SOME EXPLANATION TO THE PUBLIC OF WHAT A PROCLAMATION IS VERSUS, YOU KNOW, WE'RE SITTING THESE MONTHS UP.

AND I REALLY WOULD LOVE TO SEE ALSO A COMMUNICATION PLAN.

LIKE, WHAT DO THESE MEAN, AT A MINIMUM. I LOVE THE IDEA THAT IT GOES IN THE ACTIVITY GUIDE.

HOW ABOUT WHEN WE PRINT THOSE CALENDARS NEXT YEAR.

ARE THEY GOING TO GOING TO BE ON, YOU KNOW, ON THE CALENDARS? WILL THEY ALWAYS GO ON A PRESS RELEASE? WILL THEY ALWAYS GO ON SOCIAL MEDIA? SO THAT WOULD BE REALLY NICE. WE PUT THIS EFFORT, BUT HOW ARE WE GOING TO INSTITUTIONALIZE THIS SO THAT WE REALLY WALK THE TALK AND DO ALL THESE FUN THINGS? AND AS A RETIRED ENVIRONMENTALIST AND I'VE DONE A LOT OF WORK AT THE UNITED NATIONS AS WELL AS IN MEXICO, I HAVE A FEW OTHER UNITED NATIONS DAYS OR THE FIRST ONE, AND EVEN IF I ONLY THIS ONE WERE ADDED, BUT DEFINITELY ARBOR DAY. A LOT OF CITIES ARE MEMBERS OF WHAT'S CALLED TREE CITY USA, AND THEY ALWAYS PLANT TREES.

AND I THINK THAT WOULD BE A PRETTY EASY, CLEAR ONE FOR US TO TO JOIN.

BUT I CAN READ OFF THE OTHER ONES I HAVE. ONE IS THERE'S AN INTERNATIONAL BIRD COUNT WEEK THAT HAPPENS FROM CHRISTMAS THAT'S DONE INTERNATIONALLY. I'VE DONE SOME WORK IN MEXICO AND WETLANDS AND THINGS, AND THAT'S KIND OF A FUN ONE THAT ENDS ON JANUARY 4TH WITH NATIONAL BIRD DAY.

AND THEN THERE'S ONE ON MAY 2ND THAT ALSO GOES BACK TO 1916, WHEN WE PASSED THE INTERNATIONAL TREATY.

[CONSENT CALENDAR]

THE WILD MIGRATORY BIRD DAY. AND THEN ALONG WITH THAT, I'M ON A BIRD THEME HERE.

THERE IS A WORLD SHOREBIRDS DAY IN SEPTEMBER, AND POLLINATOR WEEK IS ALWAYS IN JUNE.

RECOGNIZING OUR EXISTENCE WOULDN'T BE WITHOUT OUR POLLINATORS.

AND I'VE HAD A LIST OF THESE. I GAVE THEM TO JOHN, AND I GAVE THEM TO TO THE CLERK AS WELL.

I'M ALMOST DONE. I GOT A COUPLE MORE. THERE'S AN INTERNATIONAL RAMSAR CONVENTION.

[GENERAL MANAGER'S OFFICE]

MY FAVORITE OR NOT SO FAVORITE THAT IT EXISTS BECAUSE IT'S FROM THE EPA IS THE ENDANGERED SPECIES ACT, THERE'S AN ENDANGERED SPECIES DAY THAT'S CELEBRATED IN MAY.

AND LAST BUT NOT LEAST, AND THIS ONE'S A LITTLE NEWER.

INTERNATIONAL DAY OF BIODIVERSITY IS IN MAY. SO I LOVE ALL THOSE.

YOU HAVE THEM. I DON'T KNOW HOW YOU SAID IT'S AN ADAPTIVE PROCESS WHETHER WE WANT TO JUMP IN ON THEM ON THE PEOPLE SIDE OF THINGS.

ABSOLUTELY. I CELEBRATE LUNAR NEW YEAR EVERY YEAR, MYSELF AND SOME OF THE OTHERS MENTIONED,

[02:25:02]

RIGHT? RIGHT. DIRECTOR ECHOLS. YEAH. SO FIRST OF ALL, THANK YOU SO MUCH FOR THIS.

IT'S VERY HELPFUL. AND I'M HAPPY THAT WE'RE GETTING A PROCESS IN PLACE.

AND YOU'RE CONSOLIDATING ALL OF THIS AND BRINGING IT TO THE BOARD AND REALLY CALLING OUT SOME A NUMBER OF BOTH EVENTS AND MONTHS THAT THAT SHOULD BE ACKNOWLEDGED. SO I JUST WANT TO SECOND THE COMMENTS OF THE DIRECTORS WHO SAID TO HAVE SOME THAT SOME PROCESS FOR SUBMITTING SUGGESTIONS. I ALSO THINK, YOU KNOW, IF WE'RE GOING TO OPEN IT UP AND SAY, EVERYBODY GIVE YOUR SUGGESTIONS, WE SHOULD HAVE SOME PROCESS FOR WHICH ONES KIND OF FLOAT TO THE TOP, BECAUSE I, AS IT'S WRITTEN RIGHT NOW IT IS A FAIRLY BROAD CRITERIA THAT COULD BE INTERPRETED IN A LOT OF WAYS.

AND SO I DON'T WANT TO GET TOO FAR AWAY FROM, YOU KNOW, WHAT THE SPECIFIC INTENT IS.

YOU KNOW, IF WE'RE REALLY TRYING TO LOOK AT DIFFERENT CULTURAL EVENTS OR IF WE'RE, YOU KNOW, CERTAINLY WE AS A, THE PARK DISTRICT , IT'S ALL OF THESE ALL OF THESE EVENTS AND DAYS THAT ACKNOWLEDGE WILDLIFE AND PRESERVATION AND THOSE ARE IMPORTANT.

BUT I GUESS I'M NOT REALLY, REALLY CLEAR ON LIKE WHAT DO WE WANT THIS TO BE? AND I GUESS MAYBE THAT IS UP TO THE BOARD, BUT I'D LIKE SOME HELP AND ADVICE IN DECIDING.

OKAY. SO WHAT IS TRULY WHAT ARE WE TRYING TO ACCOMPLISH WITH ACKNOWLEDGING THESE DATES AND ADDITIONAL DATES FROM WHAT YOU'VE ALREADY GOT? AND THAT'S MEANT TO BE A QUESTION FOR ME TO RESPOND TO.

THINK THAT'S A QUESTION. I AGREE THAT PART OF THIS BRINGING TO THE BOARD IS KIND OF THINKING WITH THOSE POLICY HATS AND SAY, WHAT DO WE WANT TO COMMUNICATE THAT WE VALUE AND PRIORITIZE IN THIS WAY? AND FOR ME, IT'S TO NOT MISUNDERSTAND THAT TO MEAN BECAUSE WE DON'T INCLUDE SOMETHING, IT MEANS WE DON'T VALUE IT, OR PARK STAFF ISN'T ACTUALLY WORKING ON SOMETHING.

AND SO I THINK THAT THAT'S THE BALANCE. SO IT DOESN'T FEEL LIKE WE GOT TO GET EVERYTHING IN THERE.

OTHERWISE IT SAYS IT'S NOT IMPORTANT TO US, BUT ALSO TO THINK I THINK THE CONVERSATION THERE IS WHAT ARE SOME OF THE TYPE OF MAYBE THE PEOPLE CENTERED COMPARED TO LIKE NATURALLY THEMED CENTER TYPES OF OBSERVANCES THAT YOU AS A BOARD REALLY VALUE? YEAH. AND I THINK JUST LIKE I REALLY I SUPPORT HAVING LUNAR NEW YEAR IN HERE, BUT THEN I'M THINKING ABOUT ALL THE OTHER.

THERE'S A LOT OF DIFFERENT NEW YEARS THAT ARE CELEBRATED THROUGHOUT THE YEAR PERSIAN NEW YEAR, THERE'S JEWISH NEW YEAR, THERE'S A LOT OF DIFFERENT.

SO, YOU KNOW, WHERE DO YOU KIND OF DECIDE WHICH YOU DON'T WANT TO SAY ANY? I MEAN, OF COURSE THEY'RE ALL VALID AND THEY ALL SHOULD BE ACKNOWLEDGED AND RECOGNIZED.

BUT I'M ALSO WONDERING AGAIN, BACK TO LIKE, WHAT ARE WHAT IS THE, YOU KNOW, WHAT IS IT THAT WE ARE? WHAT IS OUR HOPE AND WHAT ARE WE TRYING TO, WHAT IS OUR PRIORITY HERE IN TERMS OF THESE DAYS? OKAY. ANY THING TO ADD? YES, IF THAT'S ALL RIGHT.

SURE. OKAY. YEAH. SO I WANT TO CONTINUE THIS CONVERSATION ABOUT LUNAR NEW YEAR BECAUSE I ALSO THOUGHT ABOUT HOW I KNOW IN SOUTHERN AND EASTERN ALAMEDA COUNTY, DIWALI IS A VERY WIDELY CELEBRATED AT THE MUNICIPAL LEVEL TYPE OF EVENT.

SO CERTAINLY CITY OF FREMONT, CITY OF PLEASANTON, CITY OF DUBLIN.

I KNOW THEY ALL HAVE DIFFERENT TYPES OF CITY SPONSORED ACTIVITIES AROUND DIWALI.

SO I THINK THIS IS A CONVERSATION FOR US TO HAVE. AND IT MIGHT BE HELPFUL MAYBE TO TRY TO SET A GOAL, MAYBE IN ABOUT SIX MONTHS, WHENEVER IT MAKES SENSE TO COME BACK AND HAVE THIS CONVERSATION SO WE COULD SEE MAYBE A PROPOSAL FOR A PROCESS, AND ALSO TALK ABOUT ALL OF THE DIFFERENT SUGGESTIONS THAT WE'VE JUST PROVIDED TODAY, AND ALSO MAYBE HAVE THAT CONVERSATION ABOUT LUNAR NEW YEAR, DIWALI, PERSIAN NEW YEAR. YOU KNOW, I EVEN THINK ABOUT, YOU KNOW, IN THE THAI LAO CULTURE, WE HAVE OUR OWN NEW YEAR IN APRIL, AND THAT COULD BE REALLY BIG.

I KNOW THERE'S A PRETTY SIGNIFICANT LAOTIAN POPULATION IN RICHMOND AS WELL AS A THAI POPULATION IN SOUTHERN AND EASTERN ALAMEDA COUNTY IN THE GREATER FREMONT AREA.

SO YOU KNOW, AND I THINK WHAT'S GOING TO END UP HAPPENING.

SO MAYBE WHEN WE COME BACK IN ABOUT SIX MONTHS, IT MIGHT BE GOOD TO INCLUDE OUR I&S TEAM IN OUR VISITOR CENTERS, BECAUSE I DO THINK THAT THAT'S PROBABLY WHERE WE'RE GOING TO POTENTIALLY SEE SOME INTERSECTION, BECAUSE IT MIGHT MAKE SENSE, YOU KNOW, TO THINK ABOUT A VISITOR CENTER.

I ALWAYS LIKE TO USE ARDENWOOD AS AN EXAMPLE.

COYOTE HILLS COULD WORK TOO, WHERE, YOU KNOW, WE DO HAVE A VERY LARGE SOUTH ASIAN POPULATION.

AND SO, YOU KNOW, IT MIGHT BE THAT WE ALREADY DO SOME THINGS AROUND DIWALI AT THOSE TWO VISITOR CENTERS,

[02:30:02]

SO I THINK THAT COULD ALSO BE HELPFUL IF WE MEET IN, YOU KNOW, IT COULD BE ANYWHERE FROM, YOU KNOW, 4 TO 8 MONTHS. IT DOESN'T HAVE TO BE EXACTLY SIX MONTHS.

BUT I THINK AT SOME POINT BEFORE THE END OF THE YEAR, IT WOULD BE HELPFUL BECAUSE THIS IS A REALLY IMPORTANT TOPIC.

AND IT CAN ALSO BE VERY, A VERY LOCALIZED TOPIC DEPENDING ON YOU KNOW, THE CITY OR THE SMALLER REGION THAT WE'RE TALKING ABOUT. AND THEN MY OTHER QUESTION AND THIS, THIS MAY BLEND INTO OUR NEXT ITEM ABOUT, YOU KNOW, OUR FEDERAL ADVOCACY, BUT IT'S SOMETHING THAT I THOUGHT OF LOOKING AT THIS PARTICULAR AGENDA ITEM AND CERTAINLY HAS ALREADY BEEN BROUGHT UP IS, YOU KNOW, DO WE I SUPPORT ALL OF THESE RECOMMENDATIONS.

AND EVEN IF IT'S IN CONFLICT WITH THE US FEDERAL GOVERNMENT OR THE DEPARTMENT OF DEFENSE.

BUT MY QUESTION IS, DO WE BELIEVE THAT WE MAY RUN SOME RISK IN RECOGNIZING YOU KNOW, SOME OF THESE HERITAGE MONTHS OR AWARENESS MONTHS OR HOLIDAYS THAT HAD PREVIOUSLY BEEN FEDERAL HOLIDAYS BUT MAY NOT BE RECOGNIZED AS FEDERAL HOLIDAYS? YOU KNOW, IN THE CURRENT AND NEAR FUTURE AND, OR I KNOW THAT WE DO A LOT OF WORK WITH THE DEPARTMENT OF DEFENSE, AND THAT'S REALLY WHERE AT THE FEDERAL LEVEL, IT'S STARTING TO BE REMOVED FROM RECOGNITION.

DO WE HAVE ANY CONCERNS ALONG THOSE LINES? YEAH, I WAS GONNA SAY, I DON'T KNOW IF THAT'S FOR ME TO RESPOND TO OR.

I'M NOT SURE ANYONE CAN RESPOND TO THAT ONE. I THINK IT'S A GOOD QUESTION AND THAT, YOU KNOW, IT'S OBVIOUSLY PERCOLATING IN THE ATMOSPHERE RIGHT NOW.

AND, YOU KNOW, THIS ITEM, THE ITEM THAT YOU HAVE COMING UP THIRD ON YOUR AGENDA, I DON'T THINK WE CAN REALLY ANSWER THAT.

I WOULD SAY, YOU KNOW, AS THE POLICYMAKERS, IT'S REALLY UP TO YOU ALL AND WHATEVER KIND OF PUBLIC POSITION YOU WANT TO TAKE ON THESE THINGS.

SO IN TERMS OF KIND OF HOW IT WOULD AFFECT US IN TERMS OF GRANTS AND ALL OF THAT, I DON'T THINK ANYBODY CAN PREDICT THAT AT THIS POINT.

I WOULD SAY, THOUGH, THESE ARE FAIRLY INNOCUOUS.

AND MOST PUBLIC AGENCIES, MANY PUBLIC AGENCIES RECOGNIZE THESE AND THEY SHOULD NOT BE SEEN AS A POLITICAL STATEMENT.

SO. ANY OTHER COMMENTS ABOUT EITHER THE SELECTIONS THEMSELVES OR THE PROCESS? I HAVE QUESTIONS ABOUT THE PROCESS AS WELL.

SO BUT ANYWAY ONE MORE CHANCE HERE TO COMMENT ON THAT I THINK BEFORE.

WELL LET'S SEE. DO WE HAVE ANY PUBLIC OUT THERE THAT WANT TO COMMENT ON THIS? OKAY. WE ARE NOT SURE RIGHT NOW. OH, THERE'S SOMEBODY WITH THEIR HAND RAISED.

OH, I DON'T KNOW. LET ME CHECK AND SEE WHAT THE NORM LA FORCE HAS HIS HANDS RAISED.

LET ME SEE IF HELLO, NORM. DID YOU. I'M GOING TO ALLOW YOU TO TALK.

I'M NOT GOING TO BRING YOU IN. I JUST NEED TO FIND OUT IF YOU IF YOU WANT TO COMMENT ON THIS ITEM.

AND YOU CAN ANSWER THAT QUESTION. I DO. OKAY.

ALL RIGHT. LET ME BRING YOU INTO THE PROMOTE YOU TO PANELISTS.

YOU SHOULD BE ABLE TO COME IN NOW. OKAY. CAN YOU HEAR ME? YES, WE CAN HEAR YOU, SIR. YOU HAVE THREE MINUTES. SURE.

YEAH. NORMAN LA FORCE. YEAH. I'M COMMENTING ON THIS TOPIC BECAUSE I DO THINK IT'S AN IMPORTANT TOPIC, AND I WOULD AGREE WITH ALL THE EVERYTHING THAT'S BEEN SAID SO FAR AND THE DATES AND EVENTS AND THAT HAVE BEEN PROPOSED.

THEY'RE ALL GREAT. I WOULD ADD, HOWEVER, AND THERE WAS SOME TOUCH ABOUT THIS MENTION OF THIS THAT THEY'RE ALL VERY ANTHROPOCENTRIC.

AND THE PARK DISTRICT IS AN AGENCY THAT IS IN CHARGE OF A LOT OF NATURAL RESOURCES.

AND I THINK THE PARK DISTRICT SHOULD CONSIDER THINGS LIKE COUGAR AWARENESS DAY OR COUGAR AWARENESS MONTH.

START IDENTIFYING VARIOUS HABITAT OR SPECIES TO MAKE PEOPLE AWARE OF THEM, JUST AS WE'RE DOING WITH THESE CALENDAR EVENTS OF HUMAN ACTIVITIES. SO I WOULD HOPE YOU WOULD CONSIDER THAT IN YOUR IN THE TYPES OF EVENTS OR CALENDAR ITEMS YOU'RE GOING TO INCLUDE. AND I JUST WOULD ADD THAT DIRECTOR SANWONG MENTIONED THE SOUTH ASIAN COMMUNITY.

I THINK THERE'S THERE'S A LARGE SOUTH ASIAN COMMUNITY IN THE EAST BAY PROBABLY ALSO A LARGE MUSLIM COMMUNITY WITH HOLIDAYS THAT ARE IMPORTANT. AND IN REGARD TO THE SOUTH ASIAN COMMUNITY IN PARTICULAR WHY THAT'S IMPORTANT IS THAT IN THE CAMPAIGN

[02:35:08]

AND THAT'S THE MAIN SPORT OF THAT PART OF THE WORLD.

AND IN FACT, LITTLE DID I KNOW, BUT ACTUALLY IT'S THE MOST WATCHED SPORT IN THE WORLD, EVEN EXCEEDS EUROPEAN OR NATIONAL INTERNATIONAL SOCCER.

SO THERE'S A LOT TO WORK THROUGH HERE. BUT THOSE ARE MY THOUGHTS.

THANK YOU. ALL RIGHT. THANK YOU. THANK YOU VERY MUCH.

EXCUSE ME. SO THINKING ABOUT HOW TO PROCEED, LET ME JUST MAKE MY COMMENTS.

I WOULD LIKE TO SEE WHATEVER WE COME UP WITH PRINTED ON THAT CALENDAR THAT WE HAND OUT EVERY YEAR.

I MEAN, THAT'S A VEHICLE FOR PROMOTING AND PUTTING OUT THERE THAT WE SUPPORT THESE THINGS.

AND ALONG THOSE LINES, I HAVE TO SAY I'M REALLY PROUD THAT WE'RE DOING THIS.

SOMEBODY YOU KNOW THOSE OF US WHO WHO WANT TO SET AN EXAMPLE ARE BEING GIVEN A CHANCE TO DO JUST THAT BY ADOPTING THESE THAT HAVE BEEN SUGGESTED.

SO I'M HAPPY. HAPPY WITH THAT? THE ONE. BUT I HAVE TWO QUESTIONS.

ONE IS THE BOARD AND WILLING TO ACCEPT ALL OF THE SUGGESTIONS THAT HAVE BEEN MADE HERE. IF NOT, HOW DO WE HOW DO WE PICK AND CHOOSE? PERSONALLY, I SUPPORT THEM ALL. BUT THEN THERE'S THAT PROCESS ISSUE THAT'S BEEN BROUGHT UP A FEW TIMES.

AND, YOU KNOW, I THINK IT NEEDS TO BE I THINK WE NEED TO HAVE THAT IRONED OUT BEFORE THE CALENDAR GETS FINALIZED, AND I DON'T KNOW EXACTLY WHEN THAT IS, BUT IT'S PROBABLY IN THE LATE SUMMER OR SOMETHING LIKE THAT.

SO I'M LOOKING FOR SUGGESTIONS AS TO HOW TO ACCOMMODATE PROCESS AND WHETHER OR NOT WE'RE WILLING TO BASICALLY GREEN LIGHT ALL THE SUGGESTIONS THAT HAVE BEEN MADE.

I'M GOOD WITH THE PROPOSED CALENDAR FOR I MEAN, WE'RE ALREADY IN 2025, AND MOST OF THESE CAPTURE EVENTS THAT WE ALREADY CELEBRATE AT THE PARK, EVEN NATIONAL TRAILS DAY, WHICH YOU SAID WAS ADDITION, IT'S BEEN CELEBRATED AT THE PARK WITH DIFFERENT AGENCIES FOR YEARS. THE ONLY THING THAT I WOULD LIKE TO SEE ADDED BEFORE WE MOVE FORWARD IS THE OBSERVANCE OF THE PORT CHICAGO REMEMBRANCE DAY, BECAUSE WE HAVE THE PARK. AND I THINK THIS IS JUST IMPORTANT TO OUR HISTORY HERE AT EAST BAY REGIONAL PARK. I THINK THE OTHERS THAT WE MENTIONED, BECAUSE WE ALL HAD GREAT ONES, IS LIKE, IF WE CAN COMMIT TO HAVING SOME TYPE OF PROCESS IN PLACE WITHIN THE SIX MONTHS WITH CRITERIA, AND THEN WE CAN BRING, LIKE ALL OF THE OTHER ADDITIONAL SUGGESTIONS AND REVIEW THEM BASED ON A CRITERIA. SO THEN WE CAN PROPOSE SOMETHING WE CAN MAKE ADJUSTMENTS FOR I'M SORRY, 2026. BECAUSE I THINK WHAT EVERYONE IS BRINGING UP ABOUT PROCESS AND CRITERIA.

BUT I WOULDN'T WANT THAT TO STOP OR HOLD UP DIFFERENT ORGANIZATIONS NOW.

SO I ONLY HAVE THAT ONE REQUEST BECAUSE I FEEL THAT THAT DATE IS IMPORTANT TO THE PARK.

YEAH. AND I WOULD ASK THE SAME FOR THE ONE. I THINK ARBOR DAY HAS BEEN AROUND FOREVER.

WE PLANT TREES. THAT'S WHAT WE DO. AND I WOULD SUPPORT WE GOT QUIET ON DIRECTOR WAESPI OVER THERE TO ADD INTERNATIONAL FIREFIGHTERS.

SO I WOULD SEE IF WE COULD ADD MAYBE 4 OR 5 AND AGREE TO THAT IN OUR MOTION.

AND SO STAFF CAN GET GOING AND THE REST CAN COME BACK.

I AGREE WITH DIRECTOR SANWONG IN LIKE SIX MONTHS WE CAN REVISIT THAT AGAIN.

BUT IF I COULD THROW IN THE PITCH FOR FIREFIGHTERS, PORT CHICAGO, ARBOR DAY AND OH, I FORGOT ONE.

I DON'T KNOW IF THAT'S A FORMAL MOTION I'M MAKING OR THAT'S MY PROPOSAL.

WELL THERE WAS THERE WAS A COMMENT MADE A FEW MINUTES AGO ABOUT THE ANTHROPOMORPHIC NATURE OF THIS, WHICH I DIDN'T AGREE WITH BECAUSE ALL THE ONES YOU GAVE WERE ALL POLLINATORS AND SHOREBIRDS AND,

[02:40:02]

ARE YOU BASICALLY RECALLING THOSE FROM YOUR REQUEST AND NOW SUBSTITUTING ARBOR DAY.

AND I THINK FOR TODAY TO GET GOING, I HEAR THAT IT'S A LOT TO TAKE ON.

IT IS. I'M NOT SUGGESTING THE WHOLE LIST. I'M SUGGESTING I WOULD ACCEPT ARBOR DAY AS MY PRIORITY AND RELOOK AT THE ANTHROPOCENTRIC LATER IN SIX MONTHS. BUT LET'S ADD ARBOR DAY, LET'S ADD FIREFIGHTERS, LET'S ADD PORT CHICAGO.

NOW THAT'S MY PROPOSAL. I SECOND THE MOTION. THANK YOU.

IF IN FACT THAT WAS A MOTION, [LAUGHTER] HAS THE HAS THE CLERK BEEN ABLE TO RECAPTURE THOSE SUGGESTIONS? YEAH. THE SUGGESTION BARRING EVERYTHING THAT'S CURRENTLY ON THE 2025 SIM CALENDAR, WE'RE GOING TO BE ADDING INTERNATIONAL FIRES DAY, MAY THE 4TH OBSERVANCE OF PORT CHICAGO, REMEMBRANCE, JULY THE 14TH, ARBOR DAY, APRIL THE 26TH.

AND THERE WAS ONE MORE. WAS THERE ONE MORE? WELL, YOU SUGGESTED ADDING UN TO PEACE.

WE'RE JUST CHANGING. ADDING UN TO THE PEACE DAY INSTEAD OF INTERNATIONAL PEACE DAY.

THAT'S A UN INTERNATIONAL REALLY GREAT IDEA. OKAY, SO WE JUST SIMPLIFIED IT A BIT, BUT WE'RE MAKING A COMMITMENT TO LOOK AT THIS SOME MORE AND LOOK AT PROCESS AND LOOK AT REALLY A COMPREHENSIVE EXAMINATION OF SOME OF THE OTHER OPTIONS THAT WE MIGHT HAVE TO ADD. IS THAT DID I CAPTURE THAT? YEAH. AND THEN WHAT ECHOLS HAD DIRECTOR ECHOLS HAD MENTIONED IS THE WHAT ARE WE ACHIEVING WITH THE CALENDAR? SO YOU HAD MADE SOME COMMENTS ABOUT LIKE IN THE FUTURE, REALLY LOOKING AT WHAT WE'RE TRYING TO ACCOMPLISH WITH THE CALENDAR.

WELL, IN TERMS OF FIGURING OUT OUR GOALS SO THAT WE CAN PRIORITIZE, BECAUSE I THINK PARTICULARLY IF WE JUST IF WE'RE IF WE CREATE A PROCESS WHERE, YOU KNOW, AND I WANT AN OPEN PROCESS WHERE ANYONE CAN CONTRIBUTE AND, YOU KNOW, PUT IN THEIR DAY OR THEIR ISSUE OR WHATEVER, BUT YOU KNOW, THEY MAY NOT ALL FIT THE CRITERIA, BUT RIGHT NOW WE DON'T HAVE A CRITERIA THAT HOW IT'S WRITTEN UP AND MAYBE DELIBERATELY.

SO IT'S QUITE BROAD. SO I'M JUST THINKING IN TERMS OF SORT OF, YOU KNOW, FIGURING OUT WHAT WE WANT TO EMPHASIZE, BECAUSE I THINK IF YOU, IF YOU ADD EVERYTHING AND I DIDN'T HEAR ANYTHING HERE, WE SHOULDN'T EMPHASIZE I'M JUST SORT OF LOOKING FORWARD.

BUT IF YOU, YOU KNOW, IF YOU HAD GOT A LIST OF 100, THEN IT DIMINISHES THE ONES THAT WE HAVE.

AND SO THAT'S, THAT'S WHY I FEEL LIKE WE HAVE TO THE REASON WHY I'M ASKING THE QUESTION OKAY.

WELL WHAT IS THE GOAL? I MEAN, I SORT OF HAVE A INTUITIVE SENSE FOR WHAT THE GOAL IS.

AND CERTAINLY IT SAID HERE, YOU KNOW, IT'S TO LIFT UP AND ACKNOWLEDGE, YOU KNOW, CULTURAL EVENTS, BUT ALSO POSSIBLY OTHER EVENTS AND OTHER ACTIVITIES.

AND SO. SO YEAH, I'M JUST RAISING THE ISSUE. WELL, OKAY.

IN TERMS OF A PROCESS, LET'S HAVE A PROCESS FOR SUBMITTING SUGGESTIONS.

AND THEN LET'S ALSO FIGURE OUT SOME KIND OF CRITERIA THAT ALIGN WITH WHAT IT IS THAT WE'RE TRYING TO ACHIEVE.

AND I GUESS WHAT I CAN SAY IN TERMS OF OUR ROLE, OUR STAFF WE CAN BRING FORTH RECOMMENDATIONS, PROPOSALS. BUT THE BOARD, YOU KNOW, IN ITS DELIBERATION AND DECISION MAKING, IT WOULD BE UP TO YOU.

IN TERMS OF THE PROCESS OR IN TERMS OF THE SPECIFICS.

WHAT I'M SAYING, AS STAFF, WE CAN BRING A RECOMMENDATION THAT YOU COULD LIKE, IF YOU WANT US TO BRING FORTH IN THE FUTURE A RECOMMENDATION ON PROCESS AND PRIORITIZATION FOR THE SELECTION. YEAH. AND WE JUST TO FOLLOW UP ON THAT, THAT'S SUPER HELPFUL.

I THINK THIS WAS KIND OF A FIRST STAB AT GAUGING INTEREST.

AND THAT'S WONDERFUL. THERE'S A LOT OF INTEREST HERE.

BUT AS DIRECTOR ECHOLS MENTIONED, YOU KNOW, PART OF OUR GOAL HERE IS AND THIS IS JUST BASED OFF OF OFF OF OUR EXPERIENCE IN OTHER JURISDICTIONS WHERE IF YOU GO ON GOOGLE AND YOU GOOGLE FEBRUARY 4TH, YOU'RE GOING TO SEE NATIONAL DAY OF X, YOU KNOW, CUPCAKES AND YOU KNOW, THE SWALLOWS. AND I MEAN, SO WHAT YOU WHAT WE YEAH, WE SEE OUR FAVORITE DONUTS.

SO WE'VE SEEN THIS IN OTHER JURISDICTIONS WHERE WITH VARYING LEVELS I WOULD SAY OF SUCCESS.

AND HOW DO YOU DEFINE SUCCESS ON THIS. BUT JUST BUT TRYING TO PUT SOME PARAMETERS AROUND THAT.

SO SUPER HELPFUL TO HEAR THAT DIRECTION FROM THE BOARD THAT YOU'D LIKE TO HAVE, YOU KNOW, SOME CRITERIA, SOME PROCESS. WE ARE MORE THAN HAPPY TO PUT SOMETHING TOGETHER AND BRING THAT BACK TO YOU.

PROBABLY EARLY SUMMER IS MY GUESS, SO THAT WE CAN THEN START TO GET INTO THE RHYTHM TO YOUR POINT OF GETTING THIS FORMAL ADOPTION OF THE ANNUAL CALENDAR WELL IN ADVANCE OF PRINTING IT FOR FOR YOUR NEEDS IN OCTOBER.

SO YOU KNOW, I WOULD GUESS AUGUST. SEPTEMBER IS PROBABLY OUR DEADLINE.

[02:45:01]

WE WILL WORK ON, YOU KNOW, TAKE THE INPUT. WE'LL WORK ON PUTTING TOGETHER SOME KIND OF MORE TANGIBLE PROCESS AROUND THIS.

AND CERTAINLY THERE ARE SOME OTHER NEEDS THAT ARE I&R AND OTHER PROGRAMING STAFF HAVE AROUND THIS.

SO WE CAN COME BACK AND KIND OF AND GIVE YOU SOME MORE OF THOSE SPECIFIC EXAMPLES.

SO SUPER HELPFUL. CAN I JUST MAKE ONE LAST COMMENT? WE WERE LOOKING AT THE CALENDAR. SO ALL THOSE DIFFERENT HOLIDAYS FROM DIWALI TO ISLAMIC NEW YEAR TO ROSH HASHANAH.

THEY'RE IN OUR CALENDAR NOW. SO A LOT OF THOSE DIFFERENT HOLIDAYS THAT WE DID MENTION AND EVERYTHING.

SO WE DO HAVE SOME WE HAVE WE DO HAVE SOME RECOGNITION OF THOSE DIFFERENT COMMUNITIES.

SO IT'S JUST KIND OF GETTING THINGS STREAMLINED EVERYWHERE.

SO JUST WANTED TO SAY THAT WE ARE DOING THAT WORK IN THE CALENDAR.

THAT'S IT. ALL RIGHT. THANK YOU. GOOD OBSERVATION.

ALL RIGHT, SO I AM. PRESIDENT MERCURIO. I DON'T KNOW IF YOU'RE CONTINUING NOW WITH DISCUSSION, BUT I JUST I WANTED TO MAKE A RECOMMENDATION BECAUSE THERE WAS A PROPOSAL THAT WAS SECONDED AS A MOTION.

THEN THERE WAS MORE DISCUSSION, AND IT WOULD BE REALLY GOOD TO JUST KIND OF CLEAN THIS UP AND CLARIFY FOR THE CLERK AND FOR THE RESOLUTION.

WHAT WHAT IS THE MOTION ON THE TABLE? I THINK THERE MIGHT HAVE BEEN SOMETHING SUGGESTED AS A FRIENDLY AMENDMENT, BUT IT REALLY HAD MORE TO DO WITH JUST GIVING DIRECTION TO STAFF.

SO YES. OKAY. ALL RIGHT. DIRECTOR WAESPI YOU HAD ANOTHER COMMENT OR.

WELL. DO YOU WANT TO FRAME THIS ALL UP FOR US? NO, I CAN'T FRAME IT ALL, BUT I AGREE WITH IT.

I MEAN, YEAH, I WOULD LIKE TO ENDORSE THIS AND MOVE IT WITH THE THERE 5 OR 4 ADDITIONS? THREE. PARDON ME. THERE WERE, I THINK THREE PLUS THE ADDITIONAL ADDITION OF UN.

YES, YES. JUST WANT TO BE CLEAR THAT THE THAT THE ACTUAL STAFF REPORT IS JUST SIMPLY PROPOSED SPECIAL INTEREST MONTHS AND OBSERVANCES, DESIGNATION PROCESS AND CALENDAR. SO IF WE'RE GOING TO BE WE'RE GOING TO BE CHANGING THAT AMENDMENT, WE'RE GOING TO BE AND THEN WE'RE GOING TO BE ADDING THAT WE'RE GOING TO BE UPDATING THE CALENDAR TO ADD THESE THREE DIFFERENT MEETINGS, THESE THREE DIFFERENT DATES, AND UPDATE THE UN UPDATE THE NAME OF THE INTERNATIONAL DAY OF PEACE TO THE UNITED NATIONS, INTERNATIONAL DAY OF PEACE. AND I THINK WE HAVE A RECOMMENDATION AND A MOTION ON THE FLOOR.

YEAH, WE ACTUALLY DID THAT. I THOUGHT THAT YOU MOVED IT.

AND DIRECTOR DESCHAMBAULT MOVED AND DIRECTOR ECHOLS SECONDED.

WAS IT? AND I WAS THINKING THAT WE WERE TALKING ABOUT THESE DATES, SO THANK YOU.

I WAS THINKING THAT'S WHAT WE WERE DISCUSSING.

I THINK THE MOTION. WELL, MY WHAT I'M GOING TO SPEAK FOR YOU.

WHAT I ANTICIPATED THAT I SECONDED WAS THAT WAS THAT THE ACTION THAT'S ON THE TABLE THAT TO APPROVE THIS CALENDAR WITH THE ADDITION OF THOSE THREE DATES.

SO PORT CHICAGO THE FIREFIGHTERS, INTERNATIONAL FIREFIGHTERS.

YES. AND ARBOR DAY. SO THAT WAS THE MOTION. WE COULD AND THE TYPO AND THE.

WELL, YEAH. AND THE UNITED NATIONS, I THINK WE GOT THAT.

YEAH. YEAH. YEAH, I CONCUR, I THINK THAT'S I THINK YOU JUST CAPTURED IT.

ALL RIGHT. SO WE NEED A VOTE. SO ALL IN FAVOR OF THAT MOTION, SAY AYE.

AYE AYE. OPPOSED CARRIES. THANK YOU VERY MUCH.

I APPRECIATE ALL THE GOOD IDEAS HERE TODAY. THANK YOU SO MUCH.

YEAH. AND I APPRECIATE THE WORK THAT YOU'VE DONE ON IT.

AND IT'S GOING TO CONTINUE A LITTLE BIT TOO. ALL RIGHT.

THE SECOND ITEM FROM THE GENERAL MANAGER'S OFFICE IS AUTHORIZATION TO ENTER INTO A CONTRACT FOR SERVICES WITH KOUNTOUPES DENHAM CARR & REID IN THE AMOUNT OF $156,000 FOR GENERAL FEDERAL ADVOCACY CONSULTING SERVICES.

TAKE IT AWAY ERICH. ERICH PFUEHLER DIVISION LEAD FOR GOVERNMENT AND LEGISLATIVE AFFAIRS BRINGING THIS ITEM BACK TO THE FULL BOARD TO SEEK THE REQUISITE NUMBER OF VOTES TO ENTER INTO A CONTRACT WITH KOUNTOUPES DENHAM CARR & REID , AS YOU MENTIONED, FOR SUM OF $156,000 FOR THE YEAR AND DID WANT TO JUST BE AVAILABLE TO ANSWER ANY QUESTIONS YOU MAY ALL HAVE.

WE ADDED SOME SUPPLEMENTAL MATERIAL TO THE MEMO.

AND SO WE'RE HERE TODAY JUST SEEKING APPROVAL OF A CONTRACT TO ENTER INTO A CONTRACT.

ALL RIGHT. THANK YOU VERY MUCH. ANY QUESTIONS AT THIS POINT? I DIDN'T HAVE ANY EITHER.

SURE. GO AHEAD. NO. SHE. OKAY. GO AHEAD. YEAH.

[02:50:06]

THERE'S A LITTLE MORE ADDITIONAL INFORMATION ABOUT THE RFP PROCESS AND HOW MANY APPLICANTS WE RECEIVED IN THE FACT THAT THE RFP WAS EXTENDED BECAUSE WE DID NOT RECEIVE THAT MANY APPLICANTS.

AND THEN I GUESS MY NEXT QUESTION IS, I ALSO, SINCE OUR LAST MEETING, DID LOOK UP THE PREVIOUS CONTRACT THAT WE REVIEWED JANUARY 16TH, 2024. AND I NOTICED THAT THAT CONTRACT THE AMOUNT THAT WE HAD APPROVED WAS $96,000.

AND SO I'M CURIOUS ABOUT THE $96,000 TO $156,000.

HAS THE SCOPE CHANGED FROM THE PREVIOUS YEAR TO THIS YEAR? AND IF YOU COULD JUST PROVIDE MAYBE LIKE A SENTENCE ON WHAT THAT CHANGE IS IT WOULD BE HELPFUL.

THE 96 WAS ACTUALLY A REDUCTION FROM THE PREVIOUS YEARS WITH OUR FORMER FEDERAL ADVOCATE.

AND IN FACT, WE HAD TWO FEDERAL ADVOCATES FOR A PERIOD OF TIME THAT WOULD FAR EXCEED THE AMOUNT THAT WE'RE ASKING FOR TODAY.

WHO WAS THE OTHER FEDERAL ADVOCATE? I KNOW I WASN'T ON THE I WAS ON THE LEGISLATIVE COMMITTEE IN 2023.

I KNOW THAT ON THAT COMMITTEE, WE WOULD GET A PRESENTATION FROM THE FEDERAL ADVOCATE.

I DIDN'T PARTICIPATE ON THAT COMMITTEE LAST YEAR.

SO I'M NOT FAMILIAR WITH THE SECOND FEDERAL ADVOCATE.

AGRICULTURAL RESOURCES WAS A FIRM BY DAVID WYMAN IN THE PAST.

AND THEN THE OTHER FIRM WAS E2 STRATEGIES. OKAY.

AND THEN SO, SO THEN IN 2024, WE IT WAS A REDUCTION IN 2023, IT WAS MAYBE MORE IN LINE WITH THIS AMOUNT, THIS $156,000 APPROXIMATELY. CORRECT. OKAY. AND THEN I GUESS MY NEXT QUESTION, I'M JUST CURIOUS BECAUSE THE LAST TIME WE MET ABOUT THIS YOU KNOW, WE HAD TO CHANGE. WE HAD A NEW PRESIDENT SWORN IN.

AND I'M JUST CURIOUS, JUST IN GENERAL, YOU KNOW, DO WE SEE SOME CHANGES IN REGARDS TO OUR FEDERAL ADVOCACY? IT SEEMS LIKE A LOT HAS HAPPENED IN THE LAST TWO WEEKS SINCE THE CURRENT PRESIDENT WAS SWORN IN.

AND I'M JUST CURIOUS, YOU KNOW, HOW WE MIGHT FEEL THIS THIS FIRM CAN HELP AND ALSO PROVIDE GUIDANCE ALONG THESE LINES.

YEAH. FOR SURE. THEY'RE A BICAMERAL, BIPARTISAN FIRM THAT DOES HAVE FOLKS THAT HAD WORKED FOR THIS ADMINISTRATION PREVIOUSLY THAT CAN BE HELPFUL.

WE ARE SEEING SOME IMPACTS IN TERMS OF, FOR EXAMPLE, FEDERAL GRANTS.

AND ALSO POTENTIALLY WILDFIRE FUNDING. SO THERE'S DEFINITELY OPPORTUNITIES TO USE THEIR SERVICES TO MAKE SURE THAT WE CONTINUE WITH THOSE PROGRAMS. ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS? ANY PUBLIC INTERESTED IN THIS? NO. OKAY. I DON'T HAVE ANY QUESTIONS.

SO I'M LOOKING FOR. CAN I. YEAH, YOU SURE CAN.

I'M JUST I APOLOGIZE. I LAST TIME I ABSTAINED.

I JUST FEEL LIKE I'M STILL SORT OF WITHOUT A LOT OF BACKGROUND DESPITE COMING BACK.

HONESTLY, I JUST AT THE SAME TIME, I JUST. WHAT CAN YOU TELL US MORE? AND I THINK YOU MENTIONED IT AT THE LAST MEETING.

I CERTAINLY I DON'T WANT TO LEAVE OUR AGENCY WITHOUT A FEDERAL ADVOCATE, BUT IT'S STILL A LITTLE UNCLEAR TO ME OF THE PROCESS THAT WAS UNDERTAKEN.

I DON'T KNOW IF I CAN SEPARATE THE TWO. I DON'T WANT TO LEAVE US WITHOUT A FEDERAL ADVOCATE, BUT I'M FEELING A LITTLE UNCOMFORTABLE UNDERSTANDING THE BACKGROUND AND THE PROCESS WAS DONE CLEARLY.

LIKE, I DON'T KNOW IF DID THE RFP. HOW CAN I ASK MY QUESTIONS? I GUESS THE QUESTION IS, DID THE RFP CHANGE IN ANY WAY THAT ELIMINATED OTHER ELIGIBLE PEOPLE, INCLUDING OUR LAST PERSON? EVERYBODY [INAUDIBLE]? AND TELL ME A LITTLE BIT MORE ABOUT WHAT THIS WOULD LEAVE US WITHOUT IF WE DON'T APPROVE THIS TONIGHT.

I THINK WE ASKED THAT BEFORE. I DON'T KNOW IF THERE'S ANY FURTHER ON THAT, BUT THE LAST WEEK OR TWO AT THE FEDERAL LEVEL HAS KIND OF MADE ME.

I FEEL AN URGENCY. CAN YOU DISCUSS WHAT THIS WOULD LEAVE OUR PARK DISTRICT WITH IF WE DON'T APPROVE THIS UNDER RECOMMENDATIONS, DO WE HAVE ANY OTHER OPTIONS? SO WE DID FOLLOW THE SAME PROCESS WE FOLLOWED IN THE LAST 3 TO 4 YEARS IN ISSUING AN RFP IN AUGUST AT THE END OF AUGUST, KEEPING IT OPEN FOR A MONTH, WE ACTUALLY EXTENDED IT ANOTHER COUPLE OF WEEKS TO TRY TO SEE IF MORE APPLICATIONS WOULD COME IN. THE RFP ITSELF IS VERY SIMILAR IN LANGUAGE TO YEARS PAST.

WE DID LEAVE IT A LITTLE MORE OPEN ENDED IN TERMS OF ANTICIPATING POTENTIAL CHANGES IN THE ELECTION,

[02:55:03]

AND IF THIS. WHAT IF THIS DOES OR DOESN'T GO DOESN'T GO FORWARD? WHAT ARE WE LEFT WITH NOTHING. OR WHAT'S THE NEXT PROCESS? YEAH. WE CURRENTLY WOULD NOT HAVE AN ADVOCATE AND WE CURRENTLY DON'T ACTUALLY.

AND IT WOULD HAVE TO GO THROUGH A WHOLE PROCESS ALL OVER AGAIN.

YES WE WOULD. AND IT WOULD, IT WOULD TAKE SOME TIME, GIVEN THE LEAD TIME FOR BOARD MEETINGS.

THANK YOU. CAN I OKAY. YEAH. GO AHEAD. I GUESS WHAT'S DIFFICULT FOR ME TO UNDERSTAND IS THERE WAS AN RFP PROCESS THAT HAPPENED. WE FOLLOWED ALL THE RULES IN THE RFP PROCESS.

THERE WERE TWO RFPS. THERE'S ONE THAT'S A TOP RFP AND BEING RECOMMENDED.

SO DESPITE HOW WE MAY FEEL, SOME FOLKS MAY FEEL OR NOT FEEL ABOUT OTHER CANDIDATES THAT MAY THAT DID NOT APPLY.

I MEAN, I JUST DON'T SEE WHY WE WOULDN'T MOVE FORWARD WITH THIS WHEN THE PROCESS WAS FOLLOWED CORRECTLY. AND IT'S WHAT'S ON THE TABLE.

THE TABLE IS THE IS THE CHOICE OF THE TWO THAT SUBMITTED AN APPLICATION AND TO GO THROUGH ALL THE STEPS OF AN RFP AND TO MAKE THEM GO BACK OUT, MEANING LIKE WE'RE PAST MAY IF WE HAVE SOMEONE WHO WOULD APPLY FOR THAT RFP AFTER SEEING THAT THIS RFP DIDN'T. SO IF THERE'S ISSUES ABOUT THE POOL, I FEEL LIKE THAT COULD BE I MEAN, WE HAVE A CHOICE TO MAKE TODAY. AND IF THERE'S A DIFFERENT TYPE OF POOL WE WANT IN THE FUTURE, THEN THOSE ARE DISCUSSIONS THAT WE NEED TO HAVE AND THEN WE NEED TO, AS FAR AS SET UP WHAT CRITERIA THAT WE WOULD LIKE THEM TO EXPLORE IN A FUTURE RFP, TO MAKE THAT POOL WIDER, AND THEN MAKE SURE THAT AS FAR AS WE SET THE TIME PERIOD WHERE WE'D LIKE THAT TO COME BACK TO THE BOARD. BUT THE CHOICE IS SIMPLE RIGHT NOW, AND I FEEL LIKE THERE'S A LOT OF OTHER KIND OF FEELINGS OR OTHER THOUGHTS THAT ARE BEING BROUGHT INTO THIS PROCESS WHEN IT'S CLEAR THE INFORMATION THAT'S BEFORE US RIGHT NOW.

SO MY CONFUSION ISN'T FROM THE PROCESS, BUT IT'S AS FAR AS MY CONFUSION IS WHY THAT THERE'S.

JUST ALL OF THIS KIND OF OTHER STUFF BEING BROUGHT INTO SOMETHING WHERE IT'S VERY CLEAR WHAT WE HAVE TO EXECUTE ON TODAY.

SO YEAH, I'D LIKE TO ADD THAT THIS IS NOT A PERMANENT RELATIONSHIP.

IT'S ONE YEAR. CORRECT. CORRECT. SO I MEAN, YOU KNOW, WE HAVE THE ABILITY TO NOT CONTINUE THIS RELATIONSHIP IF WE DEEM THEM NOT TO BE RESPONSIVE TO OUR NEEDS, IF WE IN OTHER WORDS, IF WE DON'T GET THE RESULTS WE WERE EXPECTING, HOPING FOR WHATEVER. YOU KNOW, ON WE GO AND WE DO IT AGAIN.

SO I'M DEFINITELY IN FAVOR OF APPROVING THIS, BUT IF THERE'S NO OTHER COMMENTS TO MAKE I'M LOOKING FOR A MOTION TO APPROVE. I WOULD LIKE TO SET A MOTION TO APPROVE. ALL RIGHT. DO I HAVE A SECOND. SECOND.

SECOND FROM ECHOLS? ALL IN FAVOR? AYE, AYE. OPPOSED? ONE OPPOSED. ABSTAIN. ABSTENTIONS. ONE. ONE. ABSTENTION.

DIRECTOR SANWONG. HAVE YOU HAVE TO VOTE? RIGHT? YEAH. SO WHERE DOES IT STAND? LET'S JUST REVIEW.

REVIEW WHERE IT STANDS RIGHT NOW. I DIDN'T SEE WHO OPPOSED, BUT I JUST HAVE RIGHT? OKAY, SO I'M GOING TO ABSTAIN. ALL RIGHT, SO THEN WE HAVE TWO ABSTENTIONS.

TWO ABSTENTIONS.

PASSES

[03:00:09]

AND SO THE NEXT ITEM IS A RESOLUTION OF THE EAST BAY REGIONAL PARK DISTRICT REAFFIRMING THE EAST BAY REGIONAL PARK DISTRICT 'S COMMITMENT TO CREATING SAFE, WELCOMING AND INCLUSIVE WORKPLACES AND PARKS FOR ALL.

SO, PRESIDENT MERCURIO, I'M GOING TO GO AHEAD AND TEE THIS OFF AND HAND IT BACK TO YOU.

SO JUST TO GIVE SOME CONTEXT, THIS RESOLUTION IS OFFICIALLY COMING FROM PRESIDENT MERCURIO AND DIRECTOR ECHOLS.

WORKING WITH OUR EQUITY OFFICER, JOSE GONZALEZ.

AND I AFTER, I WOULD JUST SAY THE LAST FEW WEEKS WE'VE GOTTEN SOME INQUIRIES FROM OUR STAFF AND THEN ALSO FROM MEMBERS OF THE PUBLIC JUST, YOU KNOW, CHECKING IN.

IS ANYTHING AFFECTING KIND OF THE DIRECTION OF THE BOARD IN TERMS OF THE POLICIES AND THE BUDGET YOU JUST ADOPTED? AND, YOU KNOW, MY COMMENT HAS BEEN WITH, IN LIGHT OF THE FEDERAL CHANGES THAT ARE HAPPENING AND MY COMMENT IS CONSISTENT, PARKS ARE UNIVERSAL. PARKS SHOULDN'T BE POLITICAL.

AND WE ARE CONTINUING THE WORK AS THE BOARD HAS ALREADY DIRECTED US TO DO.

SO I THINK THERE WAS SOME CONSENSUS IN BRINGING THIS FORWARD JUST TO REAFFIRM THE BOARD'S COMMITMENT AND THE PARK DISTRICT 'S COMMITMENT TO CREATING THESE SELF WELCOMING AND INCLUSIVE SPACES AND PARKS FOR ALL. AND I THOUGHT IT MIGHT BE NICE, PRESIDENT MERCURIO, IF WE READ THE RESOLUTION OUT LOUD.

I DON'T KNOW, I'M HAPPY TO DO IT. OR IF YOU WANTED TO DO IT OR HAVE ONE OF YOUR COLLEAGUES DO THAT. IT'S NOT VERY LONG.

YEAH, I THINK IT WOULD BE NICE JUST TO PUT IT PUT IT ON THE RECORD.

WOULD YOU LIKE TO READ IT? DO YOU HAVE IT QUEUED UP THERE? OKAY, SURE. OR WE COULD EACH TAKE A PARAGRAPH.

EITHER WAY. ALL RIGHT. I'LL GO AHEAD. GO AHEAD.

GO FOR THE WHOLE THING. SO THIS IS RESOLUTION OF THE EAST BAY REGIONAL PARK DISTRICT , REAFFIRMING THE EAST BAY REGIONAL PARK DISTRICT 'S COMMITMENT TO CREATING SAFE, WELCOMING AND INCLUSIVE WORKPLACES AND PARKS FOR ALL.

WHEREAS THE EAST BAY REGIONAL PARK DISTRICT BELIEVES EVERY PERSON HAS THE RIGHT TO FEEL SAFE AND WELCOME IN OUR ORGANIZATION IN OUR PARKS AND ON OUR PUBLIC LANDS. AND WHEREAS, THE EAST BAY REGIONAL PARK DISTRICT IS COMMITTED TO ENSURING THAT OUR ORGANIZATION, OUR PARKS AND OUR PROGRAMS ARE SAFE, WELCOMING AND INCLUSIVE PLACES FOR ALL PEOPLE.

AND WHEREAS THE PARK DISTRICT DENOUNCES PREJUDICE AND UNFAIR DISCRIMINATION BASED ON AGE, GENDER IDENTITY, GENDER EXPRESSION, RACE, COLOR, RELIGION, MARITAL STATUS, NATIONAL ORIGIN, SEXUAL ORIENTATION, OR PHYSICAL ATTRIBUTES AS AN AFFRONT TO OUR FUNDAMENTAL PRINCIPLES.

AND WHEREAS THE PARK DISTRICT IS COMMITTED TO CREATING A SENSE OF BELONGING BY CREATING SPACES WHERE PEOPLE FEEL VALUED AND RESPECTED.

AND WHEREAS THE PARK DISTRICT BELIEVES NOW AND IN ACCORDANCE WITH PAST BOARD ACTIONS, IT IS IMPORTANT THAT WE WORK TOGETHER TO ACHIEVE OUR SHARED MISSION OF PRESERVING A RICH HERITAGE OF NATURAL AND CULTURAL RESOURCES AND PROVIDING OPEN SPACE, PARKS, TRAILS, SAFE AND HEALTHFUL RECREATION AND ENVIRONMENTAL EDUCATION.

NOW, THEREFORE, BE IT RESOLVED, THAT THE BOARD OF DIRECTORS OF THE EAST BAY REGIONAL PARK DISTRICT REAFFIRMS ITS COMMITMENT TO ENSURING A SAFE, WELCOMING AND INCLUSIVE WORKPLACE AND PARK SYSTEM FOR PEOPLE OF ALL AGES, GENDER IDENTITIES, GENDER EXPRESSIONS, RACE COLORS, RELIGIONS, MARITAL STATUS, NATIONAL ORIGINS, SEXUAL ORIENTATIONS, PHYSICAL ATTRIBUTES. AND BE IT FURTHER RESOLVED THAT THE GENERAL MANAGER IS HEREBY AUTHORIZED AND DIRECTED ON BEHALF OF THE PARK DISTRICT AND IN ITS NAME, TO EXECUTE AND DELIVER SUCH DOCUMENTS, AND TO DO SO TO DO SUCH ACTS AS MAY BE DEEMED NECESSARY OR APPROPRIATE TO ACCOMPLISH THE INTENTIONS OF THIS RESOLUTION. EXCELLENT. THANK YOU VERY MUCH FOR THAT.

MADAM CLERK, DO WE HAVE ANY PUBLIC COMMENTS ON THIS ONE? WE DO NOT. OKAY. ANY ANY QUESTIONS OR COMMENTS FROM THE BOARD? YES. I RESEARCHED OTHER ORGANIZATIONS DOING THIS, AND I THINK WE ALL KNOW WHY PEOPLE ARE ASKING THIS ABOUT THIS ISSUE AND IF THEY'RE SAFE IN OUR PARKS. AND THIS COMES THROUGH. BUT I HAVE ONE ADD, WHEREAS WE ARE A JURISDICTION THAT PROHIBITS THE USE OF OUR RESOURCES FOR IMMIGRATION ENFORCEMENT. YEAH, I WOULD SUPPORT THAT.

I THINK WE SHOULD BE CLEAR ON WHAT EXACTLY WE'RE SAYING.

[03:05:02]

IT JUST MEANS WE'RE NOT GOING TO USE OUR STAFF TO ASSIST IN ENFORCEMENT.

YEAH. THE POLICE DEPARTMENT HAS A POLICY THAT DESCRIBES.

AND HERE COMES THE POLICE CHIEF TO EXPLAIN AND WHETHER OR NOT MY ADDITION TO THE WHEREAS WOULD FIT IN WITH THAT OR BE WORDED DIFFERENTLY.

I GO BACK TO PUBLIC SAFETY. YES. REGARDING ICE, WE HAVE A POLICY OF WE DO NOT PERFORM ANY IMMIGRATION WORK WITH ICE WHATSOEVER. THE CAVEAT, THOUGH, IS TO UNDERSTAND THE DEPARTMENT OF HOMELAND SECURITY IS DIVIDED IN TWO PARTS.

ONE IS ICE AND THE OTHER ONE IS HSI. WE DO COOPERATE WITH HSI, ITS HOMELAND SECURITY INVESTIGATION.

THEIR WHOLE JOB IS TO INVESTIGATE HUMAN TRAFFICKING AND INTERVENE WITH THE CARTEL.

THAT'S THE TWO THINGS THAT THEY WORK ON. AND WE DO COOPERATE WITH THE HSI IF ASKED TO DO SO.

WITH THE ICE ACTUALLY, ICE DOESN'T EVEN EXIST.

IT'S ACTUALLY THE DEPARTMENT OF APPREHENSION.

IT'S WHO GOES AND DOES THE IMMIGRATION ENFORCEMENT.

WE DO NOT OPERATE WITH THEM WHATSOEVER. OUR POLICY PROHIBITS IT.

AND ALSO IT'S JUST NOT WITHIN THE CULTURE OF THE DISTRICT, NOR THE DIRECTIVES OF MY BOSS, SABRINA LANDRETH, TO COOPERATE IN ANY WAY. SO, YOU KNOW, YOU WILL NOT SEE OUR OFFICERS.

NOW, AS YOU KNOW, THEY'RE FEDERAL AGENTS. WE DON'T HAVE ANY JURISDICTION.

WE CANNOT PREVENT THEM FROM DOING THEIR JOB BECAUSE THAT'S WHAT THEY GET PAID TO DO.

BUT WE WILL NOT COOPERATE WITH THEM. WELL, I KNOW WITH THE SCHOOLS AND PRIVATE WORKPLACES AND OTHER, A NUMBER OF YOU ACTUALLY CAN ASK THEM TO LEAVE OR NOT LET THEM COME IN.

AND WELL, IT'S KIND OF HARD TO, YOU KNOW, OUR BORDERS ARE SOMEWHAT POROUS, BUT IF SOMEONE WAS SO IF SOME IF AN AGENT CAME ONTO THE PARK DISTRICT PROPERTY AND STARTED ASKING PEOPLE, TARGETING PEOPLE LIKE, WHAT IF THERE'S A BIG GROUP HAVING A PICNIC OR SOMETHING? AND THEY'RE JUST ASSUMING THAT, OKAY, MAYBE THERE'S SOME ILLEGAL IMMIGRANTS HERE, SO TO SPEAK, OR I MEAN, THAT'S NOT MY WORDS, BUT THERE'S, YOU KNOW, THEN COULD WE TELL THEM TO STOP THAT THEY'RE NOT ALLOWED TO DO THAT? WE DON'T HAVE THE AUTHORITY TO PREVENT FEDERAL AGENTS FROM ENFORCING FEDERAL LAWS ON ANY LAND.

SO WE WE CANNOT ASK THEM TO, TO LEAVE OR DO ANYTHING.

WE JUST WOULD NOT COOPERATE. AND IN ADDITION TO THAT, THERE IS A DIRECTIVE FROM THE WHITE HOUSE SPECIFICALLY ADDRESSING LAW ENFORCEMENT, NOT ASSISTING ICE OFFICERS. THEY CAN ACTUALLY BE CHARGED WITH THE SAME AS WHAT WE USE IN THE CALIFORNIA PENAL CODE.

148, WHICH IS INTERFERING WITH AN INVESTIGATION.

AND IT'S PART OF A LARGER CONVERSATION THAT WE'RE HAVING WITH OUR LEGAL DEPARTMENT AND WITH SABRINA LANDRETH WITH OUR GENERAL MANAGER .

BUT AS IT IS RIGHT NOW, WE DON'T HAVE THE AUTHORITY TO TELL THEM YOU GOT TO LEAVE.

WE JUST THAT'S NOT AN AUTHORITY THAT WE HAVE.

OKAY. WELL, I WOULD LIKE TO UNDERSTAND MORE ABOUT THAT BECAUSE I KNOW FOR A FACT, LIKE MOST OF THE SCHOOL DISTRICTS, AT LEAST IN ALAMEDA COUNTY, LIKE IF ICE WERE TO COME TO THE DOOR AND WANT TO EITHER LOOK AT THEIR DOCUMENTS OR, YOU KNOW, TAKE A STUDENT OR SOMETHING, THEY HAVE THE RIGHT TO SAY, NO, YOU CAN'T COME IN HERE.

YEAH. DIRECTOR ECHOLS, THIS IS SOMETHING THAT I THINK A LOT OF PUBLIC AGENCIES ARE IN THE PROCESS CURRENTLY OF RESEARCHING AND EVALUATING, BECAUSE WE'RE IN A VERY DIFFERENT PROCEDURE AND ENVIRONMENT IN TERMS OF HOW A LOT OF OUR SANCTUARY CITY LAWS AND DIFFERENT KINDS OF THINGS ARE BEING CHALLENGED. SO JUST AS WITH OTHER AGENCIES AND SCHOOL DISTRICTS AND SUCH, WE'RE EVALUATING HOW THAT WILL AFFECT THE PARK DISTRICT . THERE ARE CERTAIN PLACES THAT AREN'T PUBLIC, PLACES WHERE FEDERAL AUTHORITIES WOULD NEED A WARRANT OR SOME KIND OF YOU KNOW, LEGAL AUTHORITY TO ENTER SOMETHING. AND WE HAVE SOME SPACES THAT ARE PRIVATE, CONSIDERED PRIVATE, AND MANY THAT ARE CONSIDERED PUBLIC. SO I THINK EVEN SCHOOLS ARE BEING CHALLENGED IN TERMS OF LIKE WHAT THEY THINK.

AND WE'LL CERTAINLY, YOU KNOW, ADVISE THE BOARD AS WE DETERMINE MORE.

YEAH. I THINK WHERE THE SCHOOLS AT LEAST BERKELEY SCHOOLS WHERE THERE.

YES. IF THEY HAVE A WARRANT THEY CAN COME IN.

BUT WITHOUT A WARRANT THEY CAN'T COME IN. THAT'S TRUE OF ANYONE.

I CAN'T GO ONTO THE BERKELEY SCHOOLS CAMPUSES WITHOUT CHECKING IN WITH.

I DON'T HAVE THE ABILITY TO GO ONTO THE SCHOOL YARD.

SO I SEE. SO AGAIN, I'M NOT TRYING TO I DON'T WANT TO SPEAK FOR THE SCHOOL DISTRICTS, BUT.

[03:10:05]

BUT MY EXPERIENCE AND MAYBE YOU HAVE THE BACKGROUND IS THERE HAS BEEN CASE LAW ON WHAT WAS ALLOWED THAT DID STAND UP.

AND IT WASN'T THAT WE CAN'T PREVENT THEM FROM DOING THE ENFORCEMENT OR ANYTHING, OR THAT WE CAN STOP THEM WITH WARRANTS.

BUT THE LANGUAGE I PROPOSED IS ONE THAT I UNDERSTOOD STOOD UP IN THE COURTS WAS SIMPLY THAT WE CHOOSE TO PROHIBIT THE USE OF OUR RESOURCES FOR IMMIGRATION ENFORCEMENT.

YOU CAN DO WHAT YOU WANT, BUT OUR AGENCY IS THAT WE HAVE CONTROL OVER OUR BUDGET AND OUR STAFF AND OUR HUMANS HUMAN RESOURCES, AND THAT LANGUAGE THAT I CHOSE WAS ONE THAT WAS UPHELD, THAT WE COULD SAY THAT IN THAT WAY SPECIFICALLY, WHEREAS WE ARE A JURISDICTION THAT PROHIBITS THE USE OF OUR RESOURCES FOR IMMIGRATION ENFORCEMENT, WE IN NO WAY CAN STOP ANY YOU KNOW, AND DOESN'T BRING US DOWN THAT PATH.

JUST I DON'T KNOW YOUR THOUGHTS ON THAT. MY THOUGHTS ARE, AT LEAST AS OF NOW, AND I THINK THAT WE ARE IN A DEVELOPING CLIMATE AND THERE COULD BE FURTHER EXECUTIVE ORDERS THAT, YOU KNOW, THERE COULD BE SOME THREATS TO FEDERAL FUNDING.

WE DON'T HAVE A LOT OF FEDERAL FUNDING HERE, SO I DON'T HAVE ANY PROBLEM WITH THE LANGUAGE THAT YOU'RE PROPOSING.

AND I THINK THAT WE ALREADY HAVE POLICIES THAT BASICALLY SPEAK TO THAT ABOUT.

I THINK THAT'S WHAT THE POLICE DEPARTMENT'S POLICY SAYS IS THAT IS THAT WE DON'T IF I MAY ADD.

COOPERATE. BUT I THINK THAT INCLUDES USING ANY RESOURCES THAT WE HAVE.

I WOULD ALSO SUGGEST TO PAUSE ADDING ANY LANGUAGE OF CREATING ANY DOCUMENTS.

AS IT IS RIGHT NOW THE CALIFORNIA LAW CHIEFS ASSOCIATION IS WORKING CLOSELY WITH THE STATE ATTORNEY GENERAL TO DRAFT PRETTY MUCH A POLICY FOR ALL OF US TO FOLLOW THAT DOES NOT VIOLATE FEDERAL LAW.

SO I WOULD SUGGEST WE JUST AS IT IS RIGHT NOW, I CAN DEFINITELY GUARANTEE YOU THAT AS THE CHIEF OF POLICE, WE WILL NOT BE CHASING ANYBODY WHO IS UNDOCUMENTED IN THIS COUNTRY.

THAT IS NOT WHAT WE SIGNED UP TO UP TO DO THAT IS NOT WHAT I SIGNED UP TO DO.

I'M AN IMMIGRANT MYSELF, SO I CAN TELL YOU RIGHT NOW RESOURCES WILL NOT BE UTILIZED FOR THAT.

SO WHERE DOES THAT? WHERE DOES YOUR DIRECTOR DESCHAMBAULT WHERE DOES YOUR AMENDMENT STAND? WELL, I THINK I'M FOLLOWING THE DIRECTION OF OUR CHIEF TO LEAVE IT OFF RIGHT NOW.

AND SO I GUESS I WILL MAKE A MOTION TO APPROVE THE PROCLAMATION AS WRITTEN.

I APPRECIATE THE TRUST. OKAY. VERY GOOD. AND DO I HAVE A SECOND? I WOULD LIKE TO MAKE SOME COMMENTS. WELL, YOU CERTAINLY CAN DO THAT.

ABSOLUTELY. I SUSPECT MAYBE OTHER BOARD MEMBER S WOULD ALSO WANT TO MAKE COMMENTS, BUT I CERTAINLY DO.

SO. YEAH. I THINK IT IS IMPORTANT IN THIS MOMENT OF TIME TO REAFFIRM OUR VALUES AND WHAT WE STAND FOR.

AND I ALSO JUST WANT TO ACKNOWLEDGE THE WORK THAT'S UNDERWAY AND THE GREAT WORK THAT OUR EQUITY OFFICER, JOSE GONZALEZ, AND HIS TEAM AND THE MANAGEMENT AND STAFF ARE, ARE ALL DOING IN TERMS OF, YOU KNOW, REALLY, REALLY TAKING THESE PRINCIPLES SERIOUSLY.

THESE ARE NOT JUST LOFTY GOALS THAT WE'RE PUTTING OUT THERE.

AND BECAUSE THEY SOUND GOOD, BUT WE WE MEAN IT AND WE'RE PUTTING RESOURCES BEHIND IT.

AND YOU KNOW, I KNOW THAT THAT, YOU KNOW, I WELL, OUR EQUITY OFFICER HAS ONLY BEEN HERE FOR A LITTLE OVER A YEAR, BUT I SEE I SEE HIS IMPRINT EVERYWHERE. AND I COULDN'T BE MORE PROUD OF THE WORK THAT'S BEING DONE.

AND I KNOW THAT THE PROCESSES THAT WILL NOT JUST, YOU KNOW, OUR EQUITY OFFICER GONZALEZ, BUT HIS STAFF AND THE BROADER TEAM ARE PUTTING IN PLACE REALLY WILL BE SUSTAINABLE FOR THE LONG TERM AND WILL ADDRESS INEQUITIES FOR THE BENEFIT OF ALL STAFF, AND THAT THIS WILL SET US UP FOR SUCCESS, FOR OUR COMMUNITY ENGAGEMENT, PARTICULARLY AS WE EMBARK ON THE DISTRICT PLAN.

BUT BEYOND THAT, AND TO ULTIMATELY ACHIEVE OUR GOAL OF EQUITABLE ACCESS FOR ALL COMMUNITIES AND AND ALL OF YOU KNOW, YOU KNOW HOW PASSIONATE I AM ABOUT THESE ISSUES PERSONALLY, AND YOU KNOW HOW IMPORTANT IT IS TO MAKE SURE THAT ALL OF OUR PARKS AND RESOURCES AND PROGRAMS ARE EQUITABLY ACCESSED BY ALL. I'M JUST SAYING THAT BECAUSE IT'S, YOU KNOW, AS WE KNOW, IT'S NOT JUST EQUAL ACCESS, BUT WE REALLY WANT TO MAKE SURE THAT EVERYONE CAN GET TO OUR PARKS, THAT EVERYONE CAN BENEFIT FROM THE VARIOUS PROGRAMS IN THE PARKS, THE CAMPS AND THE ENVIRONMENTAL EDUCATION AND EVERYTHING ELSE.

AND THAT, OF COURSE, THAT WE WILL ALSO HAVE A STAFF AT ALL LEVELS THAT THAT REFLECTS THE,

[03:15:05]

SO, SO WE YOU KNOW, WE HAVE A WAYS TO GO IN THIS WORK.

AND I'M JUST VERY HAPPY TODAY TO HAVE THE OPPORTUNITY TO REAFFIRM IT AND TO BE GRATEFUL TO OUR EQUITY OFFICER GONZALEZ AND EVERYBODY ELSE WHO'S INVOLVED.

YOU KNOW, CERTAINLY OUR OUR GENERAL MANAGER .

AND HOW SUPPORTIVE THIS WHOLE TEAM IS IN TERMS OF ACHIEVING THESE GOALS.

ALL RIGHT. ANY OTHER ANY OTHER COMMENTS? ALL RIGHT.

SO I'LL MAKE YOU LED ME DOWN THE PATH WHEN YOU MADE THAT MOTION.

[LAUGHTER] TOO SOON. THAT'S OKAY. I GOT SO EXCITED.

YOU DID, YOU DID. AND THAT SHOULDN'T BE DISCOURAGED IN THE LEAST BIT.

SO WE'RE GOING TO GET THERE. SO WE HAVE A MOTION BY DESCHAMBAULT.

DO I HAVE A SECOND. SURE I'LL SECOND. SECOND.

OKAY. SECOND FROM. YOU DID OKAY. ECHOLS. OKAY.

SO ALL IN FAVOR? AYE. AYE. AYE. OPPOSED? OKAY.

CARRIES UNANIMOUSLY. THANK YOU. THANK YOU VERY MUCH.

SO NEXT ON NEXT ON THE AGENDA IS GENERAL MANAGER'S COMMENTS, OF WHICH THERE ARE NONE.

WE HAD NO CLOSED SESSION, SO NO ANNOUNCEMENTS FROM THERE.

ANY PROPOSED FUTURE AGENDA ITEMS? YEAH. YES. OKAY.

I WON'T ELABORATE, BUT THE PRESIDENT IS AWARE OF RATHER ASAP NEED FOR A SPECIAL CLOSED SESSION OF THE BOARD THAT SEVERAL OF US WANT TO TAKE PLACE ASAP, AND I'LL JUST DEFER TO THE PRESIDENT TO FIND A DATE.

OKAY. SO YEAH, I, I WE NEED WE NEED TWO, TWO VOTES FOR THAT, RIGHT? TWO. OKAY, SO WE HAVE TWO VOTES FOR THAT. AND I'M READY TO WORK WITH CREATING A DATE THAT WORKS FOR THE CLOSED SESSION.

WE'LL HAVE TO DISCUSS WHAT WE'RE TALKING ABOUT.

AND I UNDERSTAND THAT DIRECTOR COFFEY IS TRYING TO BE DELICATE ABOUT THIS, BUT WE'LL NEED TO DETERMINE IF THERE'S SOMETHING THAT QUALIFIES FOR CLOSED SESSION.

AND I'M HAPPY TO WORK WITH YOU ON. YES, YES, I KNOW, IT'S IT'S KIND OF A TOUGH THING TO HANDLE, BUT. OKAY. ALL RIGHT. SO D O WE VOTE ON THAT OR.

NO, IT'S JUST IT'S JUST A THING. OKAY. STANDS BY ITSELF.

YEAH. YEAH. ALL RIGHT. BOARD COMMENTS. DO YOU HAVE ANY. WE'LL GO DOWN THIS WAY. HERE. YEAH.

JUST ONE. THIS IS THE PORTION OF THE MEETING WHEN WE DESCRIBE WHAT WE'VE BEEN UP TO.

JOHN AND I HAD THE HONOR OF ATTENDING SATURDAY AT THE REQUEST OF THE MAYOR OF MARTINEZ A RIBBON CUTTING BY WHICH THE CITY CELEBRATED THE OPENING OF THE ALHAMBRA HILLS OPEN SPACE 200 ACRES ACQUIRED BY THE CITY A COUPLE OF YEARS AGO AFTER A BALLOT MEASURE.

CITY OF MARTINEZ IS QUITE PROUD OF OBTAINING THAT LAND, DEDICATING IT TO PUBLIC USE, AND OPENING IT AS A PARK SATURDAY.

AND WE ENJOYED THE RAINY CEREMONY. YOU KNOW, I JUST WANT TO PIGGYBACK ON THAT.

I LOOKED IT UP. IT'S ACTUALLY ALHAMBRA HIGHLANDS, AND IT WAS APPARENTLY OWNED BY JOHN MUIR AT ONE TIME.

SO I THINK THE CHOICE OF THE WORD HIGHLANDS IS NOT AN ACCIDENT BEING HE WAS OF SCOTTISH HERITAGE.

SO I JUST THOUGHT THAT WAS KIND OF INTERESTING. ABSOLUTELY. ALL RIGHT.

THAT'S IT FOR ME. OKAY. ALL RIGHT. 1-23 I MET WITH AFSCME 2428. CAN YOU GET IN A LITTLE CLOSER ON. SORRY.

ON 1-23 I MET WITH AFSCME 2428 I MET I WAS INTRODUCED TO THEIR EXECUTIVE BOARD.

ON 1-25, I ATTENDED MIA BONTAS ASSEMBLY DISTRICT 18TH AND AWARDS AND LUNCHEON AND THERE ELLEN CORBETT RECEIVED A LIFETIME ACHIEVEMENT AWARD.

HER SISTER CAME AND PICKED IT UP, AND THE WORDS THAT MIA BONTA HAD WRITTEN ABOUT ELLEN CORBETT

[03:20:07]

ON 1-26, I MET WITH NORM DE LA FORCE AND WE TOOK A MEET A SITE VISIT OF THE GOLDEN GATE FIELDS.

ON 1-28 I WENT TO THE STATE ADVOCACY CONFERENCE, AND THEN ON 2-1 I MET WITH AN ASHLAND RESIDENT AND ADVOCATE BARISHA SPRIGGS , AND WE SPOKE ABOUT EQUITABLE ACCESS TO PARKS AND TRANSPORTATION. ALL RIGHT. THANK YOU. ON JANUARY 15TH, I ATTENDED THE BOARD OPERATIONS COMMITTEE MEETING.

ON JANUARY 16TH I TOOK DIRECTOR MERCURIO PRESIDENT MERCURIO ON A WHIRLWIND TOUR OF WARD THREE.

ON THE 16TH I ATTENDED THE HASPA COMMITTEE MEETING THAT AFTERNOON.

ON THE 24TH, I ATTENDED THE BOARD RETREAT. ON THE 27TH AND 28TH I WENT TO SACRAMENTO LEGISLATIVE DAYS AND COMPLIMENTS.

WELL, THEY'RE NOT HERE, BUT THE LEGISLATIVE AND GOVERNMENT AFFAIRS STAFF ARE ORGANIZING A GREAT EVENT.

AND I THINK IT WAS VERY WORTHWHILE AND VERY GOOD TEAM BUILDING EVENT.

AND GOT TO MEET SOME NEWER LEGISLATORS. AND I THINK IT WAS VERY PRODUCTIVE MEETING.

ON THE 31ST, I ATTENDED A LAND STUDY MEETING PREPARATION WITH THE ASD STAFF AND BECKY AND THAT'S IT. I LOOK FORWARD TO THE ALAMEDA COUNTY SPECIAL DISTRICTS ASSOCIATION ANNUAL DINNER AT REDWOOD CANYON GOLF COURSE IN MARCH.

I HOPE YOU WILL ALL ATTEND, EVEN IF YOU'RE FROM CONTRA COSTA COUNTY. IT'S A GREAT EVENT.

THEY HAVE SOME GREAT SPEAKERS AND YOU GET TO MEET A LOT OF SPECIAL DISTRICTS, FOLKS.

ALL RIGHT. THANK YOU. NO COMMENT.

OKAY. ON THE 22ND ATTENDED THE BOARD EXECUTIVE COMMITTEE ON THE 24TH, THE BOARD ANNUAL RETREAT.

AND ON SUNDAY ATTENDED THE FUNGUS FESTIVAL AT TILDEN NATURE AREA.

AND JUST A BIG SHOUT OUT TO THE STAFF. IT WAS AMAZING.

IT WAS FULL PACKED EVEN IN THE POURING DOWN RAIN.

AND MELISSA FOWLKS AND EVERYBODY ELSE WHO WORKED ON THAT, THANK YOU.

WELL DONE. AND I FEEL LIKE I'M FORGETTING SOMETHING.

OH, AND I DID HAVE A MEETING. I GUESS IT WAS LAST WEEK WITH WITH AFSCME 2428.

I MET WITH THE LAFAYETTE GREEKS COMMITTEE, JUST LISTENING TO SOME OF THE PROJECTS THEY HAVE, AND I ENJOYED ATTENDING THE STATE OF THE MOUNTAIN EVENT THAT SAVE MOUNT DIABLO PUT ON AT THE LAFAYETTE LIBRARY.

ALL RIGHT. LET'S SEE HERE. ON THE JANUARY 14TH, I ATTENDED THE BOARD MEETING ON THE 16TH, THE AFOREMENTIONED TOUR OF WARD THREE, WHICH I THINK WE HAVE TO GO BACK BECAUSE WE MISSED A ROCK THAT WE DIDN'T TURN OVER.

BUT ANYWAY, IT WAS. NO, IT WAS GREAT. VERY, VERY VERY HELPS MY PERSPECTIVE ON THINGS.

ON THE 17TH, I HAD LUNCH WITH DGM COOK. ON THE 22ND, I HAD THE EXECUTIVE COMMITTEE.

IS THAT RIGHT? THAT DATA IS WRONG. THEN. THEN ON THE 22ND, THE BOARD ANNUAL RETREAT.

I TOO WAS AT THE PARK DISTRICT STATE ADVOCACY CONFERENCE FOR TWO DAYS, THE 27TH AND THE 28TH MEETING WITH A NUMBER OF LEGISLATORS, SOME OF WHOM I'D NEVER MET. SO THAT WAS VERY, VERY PRODUCTIVE FOR ME.

ON THE 29TH I ATTENDED AS A MEMBER OF THE EAST BAY LEADERSHIP COUNCIL.

I ATTENDED AN EVENT PART OF THEIR SPEAKER SERIES, WHERE THEY HAD JUDY WOODRUFF FROM NPR SPEAK.

AND IT WAS JUST A TREMENDOUS THING. THERE WERE A LOT OF FANS THERE.

AND SHE'S A GREAT SPEAKER. THEY HAD A QUESTION AND ANSWER PERIOD AFTERWARDS.

AND SHE WAS SUCH A TROOPER BECAUSE BEFORE HER TALK AND BEFORE DINNER, SHE STOOD UP IN FRONT OF A BANNER AND EVERYBODY THAT THAT WANTED TO GET THEIR PICTURE TAKEN WITH HER. AND IT WENT ON FOR LIKE AN HOUR, YOU KNOW.

BUT SHE WAS SO GRACIOUS. SHE'S PRETTY MUCH WHAT YOU'D EXPECT HER TO BE.

ON THE 31ST OF JANUARY, I ATTENDED THE HAYWARD AREA RECREATION DISTRICT ANNUAL DIRECTOR'S AWARDS LUNCHEON AT THEIR COMMUNITY CENTER. AND THAT WAS REALLY GREAT TO HEAR WHAT'S GOING ON IN ANOTHER DISTRICT AND TO RECOGNIZE THE GREAT WORK THAT'S BEEN DONE.

[03:25:08]

BUT IT WAS A GREAT EVENT, AND I GOT TO MEET THE GENERAL, THE GENERAL MANAGER , AND SOME OF THE BOARD MEMBER S, TOO. THAT WAS REALLY GOOD, REALLY WORTHWHILE.

AND THEN I WENT TO THE OPEN SPACE DEDICATION THAT COLIN TALKED ABOUT.

AND THEN YESTERDAY THE PRE BOARD MEETING. SO THAT'S WHAT'S BEEN HAPPENING IN MY WORLD.

JOHN SORRY, I JUST I REMEMBERED WHAT I FORGOT.

SURE, SURE. SO JUST VERY QUICKLY BECAUSE THIS WAS AN IMPORTANT MEETING.

I WANTED TO ADD THAT YESTERDAY WE MET WITH THE MAYOR OF EL CERRITO AND HER STAFF AS PART OF THE LOCAL GOVERNMENT OUTREACH FOR THE DISTRICT PLAN. AND APPRECIATE LET'S SEE, KEN WAS THERE AND THEY'RE ALL GONE.

[LAUGHTER] [INAUDIBLE] SO KEN AND GOVERNMENT AFFAIRS.

AND ANYWAY, IT WAS IT WAS A REALLY GOOD MEETING.

I JUST WANTED TO THERE ARE A LOT, OF, LOT OF SYNERGY IN TERMS OF WHAT THEY'RE INTERESTED IN AND WHAT WE'RE INTERESTED AND JUST A SHOUT OUT IN GENERAL FOR THESE, MEETINGS BECAUSE I THINK THEY'RE IT'S REALLY HELPFUL.

IT'S REALLY FUN TO BE OUT TALKING TO THE OTHER ELECTED LEADERS ABOUT, YOU KNOW, KIND OF THEIR VISION AND HOW WE CAN WORK TOGETHER ON ACCOMPLISHING THESE THINGS.

SO. ALL RIGHT. GREAT. ALL RIGHT. OUR NEXT ITEM IS ADJOURNMENT.

WE ARE ADJOURNED AT 2:53. THANK YOU TO ALL.

* This transcript was compiled from uncorrected Closed Captioning.